Q&As

How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made redundant by the transferee, receives a statutory redundancy payment and payment in lieu of notice (PILON) but then returns to work for the transferor?

read titleRead full title
Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 06/09/2019

The following Employment Q&A produced in partnership with Peter Edwards of Devereux Chambers provides comprehensive and up to date legal information covering:

  • How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made redundant by the transferee, receives a statutory redundancy payment and payment in lieu of notice (PILON) but then returns to work for the transferor?

How is continuous employment measured if a Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE)-transferred employee is made redundant by the transferee, receives a statutory redundancy payment and payment in lieu of notice (PILON) but then returns to work for the transferor?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), reg 4 provides that where there is a TUPE transfer, and an employee has not objected to the transfer, the contracts of employment of the transferring employees are not terminated but ‘any such contract shall have effect after the transfer as if originally made between the person so employed and the transferee’.

Hence, the legal fiction

Popular documents