Q&As

If an employee is furloughed (eg under the coronavirus job retention scheme) when a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 takes place, does this affect whether they will automatically transfer to the transferee?

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Published on LexisPSL on 03/04/2020

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

  • If an employee is furloughed (eg under the coronavirus job retention scheme) when a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 takes place, does this affect whether they will automatically transfer to the transferee?
  • Update (15 April 2020)

UPDATE: Since this Q&A was first published on 3 April 2020, the HMRC guidance for employers: Claim for your employees’ wages through the coronavirus job retention scheme and guidance for employees: Check if your employer can use the coronavirus job retention scheme (first published on 26 March) has been updated on 4 April, 9 April and 15 April 2020. For information on the position as at 15 April 2020, see: Update (15 April 2020) below.

For further information on these updates, see:

  1. HMRC publishes updated employer and employee guidance on Coronavirus (COVID-19) job retention scheme

  2. HMRC publishes second update to employer and employee guidance on Coronavirus (COVID-19) Job Retention Scheme, and

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