LRD Booklets November 2017

TUPE - a union rep’s guide to using the law

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Introduction

Introduction [page 4] (337 words)

The Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) were introduced to protect the rights of employees on a compulsory ...
Open access

Chapter 1

1. TUPE overview [ch 1: pages 5-6] (671 words)

The purpose of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) is to safeguard jobs and employment rights on a change ...
Subscribers only

Interpreting TUPE [ch 1: page 7] (394 words)

When does TUPE apply? [ch 1: page 7] (87 words)

TUPE and Brexit [ch 1: page 8] (371 words)

Consultation and collective rights [ch 1: page 9] (170 words)

TUPE and terms and conditions [ch 1: page 9] (105 words)

The effect of TUPE on contractual rights and obligations [ch 1: page 9] (130 words)

Changes to terms and conditions [ch 1: page 10] (216 words)

Refusal to transfer [ch 1: page 10] (44 words)

The transfer date [ch 1: pages 10-11] (138 words)

Unfair dismissal rights [ch 1: page 11] (41 words)

TUPE and insolvency [ch 1: page 11] (52 words)

No contracting out of TUPE [ch 1: page 11] (120 words)

TUPE and Northern Ireland [ch 1: pages 11-12] (426 words)

TUPE — failing in its purpose [ch 1: pages 12-13] (408 words)

Chapter 2

2. Is there a relevant transfer? [ch 2: page 14] (49 words)

TUPE rights do not apply to every change of employer. There must be a “relevant transfer”. Very broadly, the more similar the activities carried ...
Subscribers only

Relevant transfers [ch 2: page 14] (187 words)

Transfers outside the UK [ch 2: pages 14-15] (224 words)

Business transfers [ch 2: pages 15-16] (430 words)

Temporary pause in activities [ch 2: page 16] (143 words)

Service provision changes [ch 2: pages 16-17] (314 words)

No change to commissioning client [ch 2: pages 17-18] (316 words)

Similarity of activities [ch 2: pages 18-20] (1,004 words)

Changes in activities due to modernisation and innovation [ch 2: page 20] (128 words)

Changes to quantity rather than type of activities [ch 2: pages 20-21] (331 words)

Organised grouping of employees [ch 2: pages 21-22] (528 words)

‘Principal purpose’ [ch 2: page 22] (60 words)

‘Immediately before the transfer date’ [ch 2: page ] (59 words)

Temporary suspension of operations [ch 2: pages 22-23] (146 words)

Statutory exceptions to service provision change [ch 2: page 23] (62 words)

Single specific event or task of short-term duration [ch 2: pages 23-24] (484 words)

Activities consisting wholly or mainly of the supply of goods [ch 2: page 24] (132 words)

Splitting up services on a re-tender [ch 2: pages 24-25] (336 words)

Service fragmentation [ch 2: pages 25-26] (362 words)

Chapter 3

3. Transfers involving public bodies [ch 3: pages 27-28] (455 words)

Most transfers within central or local government (as opposed to transfers from the public to the private sector and vice versa) are not covered by ...
Subscribers only

Return of the two-tier workforce [ch 3: pages 28-29] (454 words)

Chapter 4

4. Who transfers [ch 4: page 30] (34 words)

Another difficult question is exactly who transfers and who does not, and what choices, if any, employees and employers have in deciding who goes and ...
Subscribers only

Only employees transfer [ch 4: pages 30-31] (530 words)

Who belongs to the organised grouping? [ch 4: pages 31-33] (911 words)

What if an employee is temporarily assigned? [ch 4: pages 33-34] (343 words)

Workforce reorganisation in the run up to a transfer [ch 4: pages 34-36] (875 words)

Objecting to a transfer [ch 4: page 36] (208 words)

Transfer causing substantial detrimental change [ch 4: page 37] (411 words)

Chapter 5

5. Information and consultation rights [ch 5: pages 38-39] (802 words)

For unions, information and consultation rights (and the corresponding enforcement penalties known as protective awards) are among the most powerful ...
Subscribers only

Electing representatives [ch 5: pages 40-41] (418 words)

Facilities [ch 5: page 41] (137 words)

Time off [ch 5: pages 41-42] (283 words)

Statutory protection [ch 5: page 42] (81 words)

Duty to provide information [ch 5: pages 42-43] (447 words)

TUPE consultation time [ch 5: pages 43-45] (522 words)

‘Measures’ [ch 5: page 45] (419 words)

Affected employees [ch 5: pages 46-47] (466 words)

Getting it wrong [ch 5: page 47] (297 words)

Other legal responsibilities [ch 5: page 47] (63 words)

Overlap with ICE regulations [ch 5: page 48] (175 words)

Pre-transfer consultation on collective redundancies [ch 5: pages 48-49] (558 words)

Implications for post-transfer relocation redundancies [ch 5: page 50] (216 words)

Enforcement [ch 5: page 50] (142 words)

Liability for failure to inform and/or consult [ch 5: pages 50-51] (169 words)

Employer defence [ch 5: page 51] (81 words)

Calculating the protective award [ch 5: pages 51-52] (526 words)

Calculating protective awards on insolvency [ch 5: pages 52-53] (265 words)

Data protection [ch 5: page 53] (154 words)

Confidentiality/commercial sensitivity [ch 5: page 53] (97 words)

Employee liability information [ch 5: page 54] (134 words)

Industrial action [ch 5: pages 54-55] (451 words)

Checklist for union reps [ch 5: page 56] (377 words)

Chapter 6

6. TUPE and terms and conditions [ch 6: page 57] (301 words)

TUPE’s basic purpose is to protect employees’ terms and conditions when their employment transfers to a new employer. This is achieved by ...
Subscribers only

The CRTUPEA Regulations 2014 and contract change [ch 6: pages 57-58] (198 words)

TUPE and union recognition [ch 6: page 58] (246 words)

TUPE and collective agreements [ch 6: pages 58-59] (114 words)

TUPE and contract change [ch 6: page 59] (147 words)

TUPE and changes to individual contract terms [ch 6: page 59] (148 words)

Beneficial changes [ch 6: pages 59-60] (197 words)

Economic technical or organisational reason [ch 6: page 60] (212 words)

Entailing changes to the workforce [ch 6: pages 60-61] (413 words)

Changes to place of work [ch 6: pages 61-62] (176 words)

Changes permitted by an express contract term [ch 6: page 62] (140 words)

TUPE and changes to collective terms [ch 6: pages 62-63] (483 words)

Potential breach of section 145B, TULRCA [ch 6: page 63] (187 words)

‘No less favourable overall’ [ch 6: page 64] (104 words)

National and sector level collective agreements [ch 6: pages 64-65] (661 words)

Contract changes unconnected to the transfer [ch 6: pages 65-66] (267 words)

What if the transferee’s terms are better? [ch 6: page 66] (113 words)

How long are terms protected? [ch 6: page 66] (131 words)

TUPE and pensions [ch 6: page 67] (60 words)

Pensions information and consultation [ch 6: page 67] (125 words)

Personal pension and group personal pension schemes [ch 6: page 67] (109 words)

Early retirement benefits [ch 6: pages 67-68] (341 words)

Occupational pensions [ch 6: pages 68-69] (413 words)

TUPE and Fair Deal for Pensions [ch 6: pages 69-70] (431 words)

Local authorities [ch 6: pages 70-71] (258 words)

Chapter 7

7. Unfair dismissal rights [ch 7: page 72] (124 words)

Regulation 7 of TUPE contains specific protection from dismissal due to a transfer. This is in addition to the protection provided by the general law ...
Subscribers only

Summary [ch 7: pages 72-73] (411 words)

Dismissal wholly or mainly because of the transfer [ch 7: page 73] (153 words)

Economic, technical or organisational reason [ch 7: pages 73-74] (272 words)

Resigning due to a substantial change in working conditions [ch 7: page 74] (104 words)

Constructive dismissal [ch 7: pages 74-75] (103 words)

How long does TUPE protection from dismissal last? [ch 7: page 76] (119 words)

Chapter 8

8. TUPE and insolvency [ch 8: page 76] (311 words)

Special rules apply under TUPE where a business is insolvent. The rules, found in Regulations 8 and 9 of TUPE, are intended to encourage a rescue ...
Subscribers only

Changing contract terms in an insolvency situation [ch 8: pages 76-77] (205 words)

Winding up the business [ch 8: page 77] (182 words)

Further information

Further information [pages 78-79] (494 words)

Copies of relevant statutes and regulations are available online at: www.legislation.gov.uk. In Northern Ireland, legislation is published on the ...
Subscribers only