Chapter 1
TUPE and terms and conditions
[ch 1: page 9]Broadly speaking, TUPE preserves the employment continuity and terms and conditions of transferring employees (except in regard to occupational pensions). On the transfer date, employees of the transferring employer (the transferor) automatically become employees of the new employer (the transferee), without any change to their terms and conditions.
The new employer cannot pick and choose who to take on. It is as if the employment contracts of the transferring workforce were originally made with the new employer. The only exception relates to occupational pensions. These do not transfer (Regulations 10(1) and (2), TUPE) (see page 67).