TUPE—transfer of employees

The following Employment practice note provides comprehensive and up to date legal information covering:

  • TUPE—transfer of employees
  • Employees defined
  • Employed by the transferor
  • No transfer where interim order for continuation of employment
  • Assigned to the organised grouping of resources/employees
  • Whether an employee can be ‘partly’ assigned to the organised grouping
  • Temporary assignment
  • Employees under notice of termination
  • Employment which would otherwise be terminated by the transfer
  • Employees subject to disciplinary proceedings
  • More...

TUPE—transfer of employees

This Practice Note examines which employees transfer to the transferee under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4.

The Practice Note contains references to case law of the Court of Justice of the European Union (CJEU). Broadly, EU judgments handed down on or before the end of the Brexit transition period/IP completion day (11 pm on 31 December 2020) continue to be binding on UK courts and tribunals (even if the EU courts later depart from them) until the UK courts exercise their powers to diverge. For the most part, EU case law made after that date is not binding on the UK, although the UK courts and tribunals may continue to ‘have regard to’ EU judgments if relevant. For more detailed information on the treatment of EU case law, see Practice Note: Introduction to retained EU law—Retained case law.

EU-derived laws, such as much of TUPE 2006, that have been made to implement UK obligations under EU law (such as the obligation to implement Directive 2001/23/EC, the Acquired Rights Directive (ARD)), applicable in the UK at the end of the Brexit transition period/IP completion day are preserved in the UK’s domestic legal framework as retained EU law. For further information, see Practice Note: Brexit and IP completion day—implications for employment lawyers—Retained EU law.

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