Transfer of undertakings (TUPE)
Frequently asked questions on legal issues relating to transfer of undertakings (TUPE).
Resources
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The legislation governing the transfer of undertakings.
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What happens if an undertaking is transferred and there is no protection for employees.
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The effect of the TUPE Regulations.
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The changes to TUPE in 2006 and what employers should do to ensure compliance with them.
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The ETO defence under TUPE.
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How an employer can avoid TUPE altogether, or at least minimise its impact.
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The special rules that apply if an employer acquires all or part of a business that was insolvent.
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The transfers to which TUPE applies.
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Whether TUPE applies to transfers of undertakings outside the United Kingdom.
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The effect of TUPE on service provision changes.
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How an employer can tell if TUPE applies.
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Applying TUPE to an organisation which regularly puts contracts out to tender for catering, security and cleaning staff and as a result changes contractors from time to time.
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Whether TUPE applies if after a service provision change the service is provided by two (or more) service providers.
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The application of TUPE to transfers between suppliers of professional services.
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What information should be given in a TUPE situation by the transferor to the transferee.
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The information which should be given by the transferor and the transferee to the employees affected by a TUPE situation.
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The obligations that arise under the Immigration, Asylum and Nationality Act 2006 following a TUPE transfer.
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When consultation regarding a transfer of an undertaking should take place.
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Who would be considered an 'appropriate representative' for the purposes of informing and consulting staff affected by transfer of an undertaking.
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What happens if an employer fails to comply with their duty to inform and consult employees affected by the transfer of an undertaking.