Q&As

In a situation where the transferee employer refuses to acknowledge that an employee has been transferred to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, how should the employee proceed?

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Produced in partnership with Peter Edwards of Devereux Chambers
Published on LexisPSL on 25/03/2020

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

  • In a situation where the transferee employer refuses to acknowledge that an employee has been transferred to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, how should the employee proceed?

In a situation where the transferee employer refuses to acknowledge that an employee has been transferred to it under the Transfer of Undertakings (Protection of Employment) Regulations 2006, how should the employee proceed?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4(1), provides that a relevant transfer does not operate so as to terminate the contracts of employment of those employed by the transferor and assigned to the transferred group. Rather, by operation of law, the contracts of employment are automatically transferred to the transferee, as if originally made between the employee and the transferee.

See Practice Notes:

  1. TUPE—transfer of employees

  2. TUPE—transfer of rights and liabilities

The key concept in this regard is that the transfer is effected by operation of law. Unless the employee objects to the transfer under TUPE 2006, SI 2006/246, reg 4(7)—in which case the employment

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