Q&As
If there is a straightforward TUPE transfer and the only change is to the employer, then pre-April 2020, section 4(6) of the Employment Rights Act 1996 meant you could just write to the employee notifying them of new employer and continuous employment date. Since April 2020, does such a change of employer trigger the obligation to produce a new statement of terms containing the additional particulars now required (eg training, details of other benefits, etc), if the employee has not already received a statement containing the new particulars from the transferor?
Key changes were made in relation to the right to receive a written statement of particulars of employment, with effect from 6 April 2020, by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018, SI 2018/1378. One of these is that additional prescribed details must be given in the statement itself, namely:
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in relation to hours of work, particulars of the days of the week the worker is required to work and whether or not such hours or days may be variable and, if they may be, how they
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