TUPE: Who transfers & dismissals

The key effects of TUPE are that:

  •  employees who are assigned to the undertaking or service will transfer to the buyer or new service provider;
  • assigned employees will transfer on their existing terms and conditions of employment (with limited exceptions) and attempted changes to these terms and conditions may be void;
  • dismissals will be automatically unfair where the sole or principal reason is the transfer itself, unless there is an “economic, technical or organisational reason” entailing changes in the workforce;
  • the outgoing employer must provide certain information to the new employer about the transferring employees at least 28 days before the transfer date; and
  • there is a duty to inform employee representatives about the transfer and, where measures are proposed, consult with the representatives about these.

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