LRD guides and handbook February 2014

TUPE - a guide to using the law for union reps

Chapter 5

TUPE and migrant workers

[ch 5: page 69]

Under the points-based immigration system, TUPE may present problems for migrant workers requiring sponsorship. Where migrant workers transfer under TUPE, the transferee must either already be a licensed sponsor, or must apply to become a licensed sponsor within 28 days of the transfer.

Transferees have a statutory duty to check the documentation of all employees within 28 days of a transfer to ensure all employees have the right to work in the UK.