What transfers under TUPE, and who is liable—checklist
Published by a LexisNexis Employment expert
ChecklistsWhat transfers under TUPE, and who is liable—checklist
Published by a LexisNexis Employment expert
ChecklistsThis Checklist sets out the employment-related liabilities that arise on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, or TUPE transfer, and whether they transfer from the transferor to the transferee. For further guidance on relevant transfers, see Practice Notes: TUPE—business transfers and TUPE—service provision changes.
In relation to a dismissal, the position may vary depending on whether the sole or principal reason for dismissal is an economic, technical or organisational reason (ETO reason) entailing changes in the workforce. For further guidance on ETO reasons, see Practice Note: TUPE—protection against dismissal—Dismissal for an ETO reason.
Whether liabilities pass to transferee, or remain with transferor
Under TUPE 2006, liabilities pass to the transferee or remain with the transferor, as follows:
Action or event | Circumstances | Who is liable | Details |
Dismissals | |||
Pre-transfer dismissal by transferor | Reason for the dismissal is not the transfer | Transferor | Dismissal not automatically unfair (ordinary principles apply)TUPE 2006, SI 2006/246, regs 4, 7See Practice Note: TUPE—protection against dismissal—Liability for transfer-related dismissals |
Pre-transfer |
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