TUPE—transfer of rights and liabilities

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

  • TUPE—transfer of rights and liabilities
  • Liabilities in relation to transferring employees
  • Length of service
  • Rights that did not exist at the time of the transfer
  • Acts or omissions of the transferor: accrued liabilities
  • Equal pay (equality of terms) claims
  • Knowledge of disability
  • Personal injury claims
  • Employment-related insurance policies
  • Contracts with third parties
  • More...

TUPE—transfer of rights and liabilities

The Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) provide that, where there is a relevant transfer, there is a statutory novation of the employment contracts of the transferring employees: the transferee effectively steps into the shoes of the transferor. This Practice Note explains the rights, powers, duties and liabilities that transfer to a transferee, and the acts or omissions of the transferor that are deemed acts or omissions of the transferee in relation to transferring employees.

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

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