Commentary

233 The Transfer of Undertakings (Protection of Employment) Regulations 2006

BUSINESSES vol 4(2) start-up, sale and purchase

233 The Transfer of Undertakings (Protection of Employment) Regulations 2006

4: EMPLOYEES

233 The Transfer of Undertakings (Protection of Employment) Regulations 2006

On 6 April 2006, the revised Transfer of Undertakings (Protection of Employment) Regulations1 (the TUPE Regulations) came into force. The TUPE Regulations provide employment rights to employees when their employer changes as a result of a transfer of an undertaking. The TUPE Regulations (like their predecessor2) implement the European Community Acquired Rights Directive3.

Broadly speaking, when a relevant transfer takes place, the TUPE Regulations protect those employees who are transferred to a new employer by preserving their continuity of employment, and the terms and conditions of their employment. This means

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