TUPE and asset purchases

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STOP PRESS: The Information Commissioner’s Office (ICO) has published draft guidance on keeping employment records and recruitment and selection which is open for consultation until 5 March 2024, and has also removed the employment practices code (first published in March 2022, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Practice Note will be updated once the ICO draft guidance is finalised.

This Overview provides quick links to our materials on the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) and also summarises the application and legal effect of TUPE 2006 and provides further details of the materials available, including Precedents.

Quick links to our Practice Note materials

Links to our Practice Notes materials are provided below:

  1. •

    TUPE—business transfers

  2. •

    TUPE—service provision changes

  3. •

    TUPE—information and consultation

  4. •

    TUPE—transfer of employees

  5. •

    TUPE—transfer of rights and liabilities

  6. •

    TUPE—public sector transfers

  7. •

    TUPE—transnational

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