TUPE and collective agreements

Collective agreements by a recognised union transfer under regulation 5. They are treated as if they were made with the new employer.

Although collective agreements continue to transfer under TUPE, changes to TUPE made by the last government in 2014 have fundamentally undermined the legal protection given to collectively agreed contract terms. These changes affect employees where the transfer took place on or after 31 January 2014. They are explained below.