TUPE—transfer of employees
TUPE—transfer of employees

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

  • TUPE—transfer of employees
  • Employees
  • Employed by the transferor
  • Assigned to the organised grouping of resources/employees
  • Temporary assignment
  • Employment which would otherwise be terminated by the transfer
  • Employed 'immediately before' the transfer
  • Employees dismissed prior to the transfer in circumstances described in regulation 7(1)
  • Employees suspended, on leave or absent at the time of transfer
  • Agency workers
  • more

Where there is a relevant transfer, subject to an employee's right to object to the transfer (see: Employee right to object to the transfer below), the contracts of employment of those employees employed by the transferor and 'assigned to the organised grouping of resources or employees that is subject to the relevant transfer', and which would otherwise be terminated by the transfer, automatically transfer to the transferee and have effect after the transfer as if originally made between the employee and the transferee.

The reference to a person employed by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer:

  1. is to:

    1. a person so employed 'immediately before' the transfer, or

    2. a person who would have been so employed had he not been dismissed in the circumstances described in TUPE 2006, SI 2006/246, reg 7(1), and

  2. where the transfer is effected by a series of two or more transactions, includes a person so employed and assigned or who would have been so employed and assigned immediately before any of those transactions

See: Employees dismissed prior to the transfer in circumstances described in regulation 7(1) below.

In order to ascertain which employees transfer, it is therefore necessary to consider:

  1. which individuals are employees

  2. whether they are employed by the transferor

  3. which employees are assigned to the