TUPE transfers, assignment/assignation and restrictive covenants: the Scottish perspective
In general terms, employment law is the same north and south of the border. However, the distinct legal system in Scotland and differences around our property and contract laws mean that this is not always the case.
One area where different considerations can apply is the law of assignation (assignment in England). In an employment context this can be relevant when seeking to enforce restrictive covenants following a TUPE transfer.
Giles Reid and I have had an article published in The In-House Lawyer which looks at which restrictions can be transferred and how to carry out an assignation in Scotland.
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