Q&As

Where there is a relevant transfer for the purposes of TUPE 2006, and an employee brings a grievance relating to actions taken by the transferor shortly before the transfer takes place, is it the transferor, or the transferee, who should hear the grievance?

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Published on LexisPSL on 09/01/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Where there is a relevant transfer for the purposes of TUPE 2006, and an employee brings a grievance relating to actions taken by the transferor shortly before the transfer takes place, is it the transferor, or the transferee, who should hear the grievance?

Where there is a relevant transfer for the purposes of TUPE 2006, and an employee brings a grievance relating to actions taken by the transferor shortly before the transfer takes place, is it the transferor, or the transferee, who should hear the grievance?

According to the Acas Code of Practice on disciplinary and grievance procedures, it is one of the elements of a fair disciplinary or grievance process that employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions. In particular, in relation to grievances:

  1. employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received, and

  2. decisions should be communicated to the employee without unreasonable delay

For further information, see Practice Notes:

  1. Dealing with a grievance

  2. Acas disciplinary and grievance code—procedural requirements

  3. Acas disciplinary and grievance code—effect of non-compliance

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246 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effectively steps into the shoes of the transferor, and the contract of employment has effect after the transfer as if originally made between the employee and the transferee.

The transferee acquires:

  1. all rights, powers, duties and liabilities under or in connection with the

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