Q&As

An employee’s employment with their original employer terminates and as part of the termination arrangements the employee is offered employment with another, associated, business in the group. In circumstances where the employee’s continuity of employment is preserved and there is no Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE) situation, do any of the claims that the employee has against the original employer for breach of contract and unlawful deduction from wages transfer to the new employer?

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Published on LexisPSL on 14/10/2020

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

  • An employee’s employment with their original employer terminates and as part of the termination arrangements the employee is offered employment with another, associated, business in the group. In circumstances where the employee’s continuity of employment is preserved and there is no Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE) situation, do any of the claims that the employee has against the original employer for breach of contract and unlawful deduction from wages transfer to the new employer?

Contractual and statutory claims arising from an employee’s employment must be brought against the employer liable for the unlawful conduct giving rise to those claims.

In situations where there has been a relevant transfer, the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 apply such that all the transferor's rights, powers, duties and liabilities under or in connection with employment contracts of transferring employees transfer to the transferee.

For further information, see:

  1. TUPE and asset purchases—overview

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