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.