Editor's message: TUPE protects employees when the organisation where they are employed changes hands - and is a notoriously complex area of employment law.
At the heart of the legislation is the concept that the entire employment contract, and the rights and obligations under it, transfer from the old employer (the transferor) to the new employer (the transferee). This applies both when all or part of a business or undertaking is transferred as a going concern to another employer, and where a service such as IT support, cleaning or catering is outsourced, brought back in-house or transferred to a new contractor. In effect, it means that the employee's contract of employment is treated as if it was always made with the new employer.
Under the TUPE legislation, both the transferor and the transferee are required to follow defined procedures during the transfer, including informing and, where appropriate, consulting with affected employees about the transfer. The legislation also provides protection from dismissal, as well as making purported contract variations void (unless specific conditions are met) - which impacts on transferees' ability to harmonise the terms and conditions of incoming staff in line with those of existing employees.
Katie Barnes-Monaghan, employment law editor
In Ferguson and others v Astrea Asset Management Ltd, the Employment Appeal Tribunal held that the transferor's substantial improvements to the employment contracts of senior employees shortly before the transfer were void under TUPE legislation and the EU abuse of law principle.
Employees who were transferred to another organisation under TUPE after 28 February 2020 are eligible for furlough, the government has confirmed in the latest revision to its Coronavirus Job Retention Scheme guidance.
Employees who were transferred to another organisation under TUPE after 28 February 2020 can receive 80% of their wages while furloughed under the Coronavirus Job Retention Scheme, it has been signalled.
Which employment cases will have the biggest impact on HR in 2020? We assess the likely impact on employers of upcoming cases on: the national minimum wage, data protection, age discrimination, collective bargaining, and TUPE.
In Dewhurst and others v Revisecatch Ltd t/a Ecourier and another, an employment tribunal controversially held that TUPE protection extends beyond employees to cover workers.
Updated to include information on Mears Homecare Ltd v Bradburn, on the transfer of national minimum wage record-keeping obligations.
Updated to include a reference to Mears Homecare Ltd v Bradburn and others, concerning responsibility for maintaining national minimum wage records in a TUPE transfer.
Updated to include information on Mears Homecare Ltd v Bradburn and others, in which the EAT held that the duty to keep national minimum wage records moves to the transferee.
In Mears Homecare Ltd v Bradburn and others, the Employment Appeal Tribunal held that the duty to maintain national minimum wage records moves to the transferee on a TUPE transfer.
A model farewell letter from the transferor to individual employees shortly before a TUPE transfer.
HR and legal information and guidance relating to TUPE.