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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