This Practice Note examines the circumstances in which the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) may apply in the context of property transactions and considers the impact on both employers (for example, landlords, tenants, managing agents and other third party contractors), as well as on employees. It provides an overview of the application and effect of TUPE 2006 and examines business transfers and service provision changes. The Practice Note then considers TUPE 2006 in specific situations: sale of a commercial freehold or leasehold property, the grant, termination or assignment of a lease, property management and service providers, changes in third party service provision and employee accommodation and resident employees. The impact of insolvency on staff transfers in the commercial property context is also outlined. The Practice Note then considers due diligence issues and the steps parties can take to manage TUPE-related risk in property transactions.
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