Q&As

On a relevant transfer under TUPE 2006, what are a transferee’s options if it has a company policy of not recognising trade unions, but transferring employees have union recognition?

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Published on LexisPSL on 21/12/2018

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

  • On a relevant transfer under TUPE 2006, what are a transferee’s options if it has a company policy of not recognising trade unions, but transferring employees have union recognition?

On a relevant transfer under TUPE 2006, what are a transferee’s options if it has a company policy of not recognising trade unions, but transferring employees have union recognition?

On a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246, union recognition transfers to the transferee: an independent trade union that was recognised to any extent by the transferor in respect of any description of transferring employees is deemed to be recognised by the transferee to the same extent as by the transferor.

However, the transfer of trade union recognition applies only where, after the transfer, the transferred organised grouping of resources or employees maintains an identity distinct from the remainder of the transferee's undertaking.

For detailed information on the transfer of trade union recognition, including whether there is scope for varying or rescinding recognition, or derecognition, see Practice Note: TUPE—transfer of rights and

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