Following a TUPE transfer, deal with trade union recognition and collective agreements relating to the transferred employees

Key points

  • On a TUPE transfer, in certain circumstances, the transferee employer can inherit a collective agreement in respect of the transferring employees.
  • The transferee may also be deemed to recognise a trade union in relation to the employees, where certain conditions are met.
  • Where union recognition and collective agreements transfer, the transferee must ensure that it understands its resulting obligations, for example a collective agreement could affect the method of calculating employees' pay.

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