FAQs

Which employees transfer?

It is not always easy to decide which employees are entitled to transfer under TUPE. Regulation 5(1) provides that an employee will transfer if s/he is employed:

(i) Immediately before the transfer;

(ii) By the transferor;

(iii) In the undertaking or part of an undertaking which is being transferred;

(IV) under a contract which would otherwise have been terminated by the transfer.

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