The transfer date

Working out the transfer date is crucial because TUPE takes effect automatically on that date. It is the moment at which the employer’s identity changes. It is also important because any objection must be made before the transfer date (see below). It is also key to determining whether the employer’s consultation duties have been met, because consultation must take place before the transfer (see page 387).

The EAT has confirmed that the transfer date is the date on which, as a matter of fact, responsibility for the business transfers from one employer to another. What matters are the facts — what actually happened — not what the parties hoped or intended would happen (Housing Maintenance Solutions Limited v McAteer [2014] UKEAT/0440/13/LA).