p. 1206. Transfer of undertakings
- Simon HoneyballSimon HoneyballFormerly Head of Law, University of Exeter
Abstract
This chapter considers the law on transfer of undertakings. The EU Acquired Rights Directive (Council Directive 77/187/EC) obligated member states to safeguard employees’ rights where businesses were transferred from one employer to another. The Government introduced the Transfer of Undertakings (Protection of Employment) Regulations 1981 to put it into effect, now replaced by the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) 2006 as amended. The chapter explores the types of transfer covered and conditions employees must satisfy in order to obtain the protection of the Regulations. It looks at particular issues such as the position in which only part of an undertaking is transferred and in which there are group companies involved. The right of employees not to be transferred and the effect on their pensions and their contracts of employment are also examined. Finally, the law on trade union and employee representative involvement in the process is explored.
