Commentary

(4) Record-keeping obligations after a TUPE transfer

Division BI Pay
| Commentary

(4) Record-keeping obligations after a TUPE transfer

| Commentary

(4)     Record-keeping obligations after a TUPE transfer

It has been held that where there is a TUPE transfer, the duty to keep and preserve records under NMWA 1998 s 9 transfers from the transferor to the transferee in accordance with TUPE SI 2006/2467 reg 4: see Mears Homecare Ltd v Bradburn [2019] IRLR 882, EAT. Choudhury P (sitting alone) decided that once a transfer has taken place, it is not possible to hold the transferor liable for production of the records on the basis that it is an ex-employer within NMWA 1998 s 54(4).

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