Q&As

After a TUPE transfer, can the new employer compel a transferring employee to sign a new contract that is in the employer's standard form, contains the new employer's name and reflects the 'measures' that were consulted on but otherwise preserves all other terms and conditions?

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Published on LexisPSL on 04/07/2017

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • After a TUPE transfer, can the new employer compel a transferring employee to sign a new contract that is in the employer's standard form, contains the new employer's name and reflects the 'measures' that were consulted on but otherwise preserves all other terms and conditions?

If, before a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (TUPE 2006), the transferee (ie the new employer) envisaged taking any measures, in connection with the transfer, in relation to any affected employees who would become the transferee’s employees after the transfer, the transferee should have provided information about those measures to the transferor, to enable the transferor to comply with its obligation to inform the affected employees.

The word ‘measures’ is of wide import and involves any action, step or arrangement. For further information, see Practice Note: Information and consultation in transfers—Measures.

For further information on the duty to inform and consult under TUPE 2006, SI 2006/246 generally, see Practice Note: Information and consultation in transfers—The duty to inform and consult, and Precedent: Letter—TUPE (3) letter from transferee to transferor to inform of proposed measures.

Following a TUPE transfer, the transferee employer will need to consider:

  1. whether there is the need to vary the terms and conditions of employment of the employees who have transferred in order to implement the 'measures' about which consultation took place, and to what extent this is possible, and

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