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TUPE—issues arising in property transactions
Produced in partnership with Jenny Andrews of Herbert Smith Freehills
Practice notesTUPE—issues arising in property transactions
Produced in partnership with Jenny Andrews of Herbert Smith Freehills
Practice notesThis Practice Note examines the circumstances in which the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) may apply in the context of property transactions and considers the impact on both employers (for example, landlords, Tenants, managing Agents and other third party contractors), as well as on employees.
Overview
Examples of different property-related situations and transactions that may trigger the application of TUPE 2006 include:
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the sale of commercial freehold or leasehold property subject to existing leases (eg a shopping centre, hotel or serviced office block)
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the termination of a property management agreement and the appointment of a new managing agent
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a change in the contractor providing services at a building (eg cleaning or security services)
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the termination of a lease and grant of a new lease to a new tenant, and
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the assignment, surrender or variation of a lease where the tenant takes some or all of the management responsibility
TUPE 2006, in its current form, has been in force since
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