Chapter 1
No contracting out of TUPE
[ch 1: page 11]The effect of TUPE is automatic. None of the parties, including employees, are allowed to contract out of it (Regulation 18, TUPE, (Jakowlew v Nestor Primecare Services Limited t/a Saga Care [2015] UKEAT/0431/14/BA).
An agreement to vary an employment contract in breach of TUPE will be void, and a compromise agreement purporting to record those variations will also be void (see Chapter 6).
A compromise agreement cannot be used to contract out of the TUPE collective information and consultation duties (see Chapter 5).
A compromise agreement can be used to settle a claim for unfair dismissal in breach of TUPE (Solectron Scotland Limited v Roper [2003] UKEAT 0305/03/3107). (See Chapter 7).