TUPE Module 1: Introduction and Business Transfers

TUPE (the acronym used to refer to the Transfer of Undertakings (Protection of Employment) Regulations 2006) can seem intimidating.  It's a legal mechanism which protects employees when the business they work for transfers to a new owner. The provisions are complex. The HR processes involved in a TUPE transfer can be detailed, time consuming and emotional for everyone involved.

TUPE does three important things:
* When there is a TUPE transfer, employees transfer automatically from the transferor (original employer) to the transferee (new employer). The transferee steps into the original employer's shoes and inherits all rights, liabilities and obligations in relation to employees;
* TUPE protects employees against dismissal in connection with a TUPE transfer;
* TUPE requires employers to inform and consult representatives of any affected employees before a transfer takes place.

This course addresses all these issues, and explains the practical things to think about when faced with a potential TUPE transfer.

In this first module, we'll look at business transfers to see one of the two main situations when TUPE applies (the other being service provision changeovers, which we'll discuss in module 2).  We'll cover:

*the definition of an economic entity, including the need for stability, and look at when PART of a business can be enough to transfer
* when an economic entity actually 'transfers', to be a TUPE transfer, including looking at when the things it does post-transfer are similar, but not necessarily identical, to before.  We'll also look at the significance of gaps in the provision of services, for example if a restaurant closes down for three months for refurbishment after being transferred to a new owner.

MY BOOKS
Employment Law Handbook - http://www.employmentlawhandbook.co.uk
Resolving Grievances - https://go.danielbarnett.com/books/gr...
Constructive Dismissal - https://go.danielbarnett.com/books/co...
Employee Investigations - https://go.danielbarnett.com/books/in...
Deconstructing TUPE - https://go.danielbarnett.com/books/tupe
All small books - https://go.danielbarnett.com/books

FREE STUFF
Employment law updates - http://www.danielbarnett.co.uk
Employer’s guide to redundancy - https://go.danielbarnett.com/free/red...
Podcast - https://go.danielbarnett.com/podcast
Sources of free legal advice (video) - 15 ways to get FREE legal advice
Deconstructing TUPE (video course) - https://go.danielbarnett.com/courses/...

PRODUCTS, MEMBERSHIPS AND COURSES:
The HR Inner Circle - https://hrinnercircle.co.uk
HR Policies - https://policies2023.com
Getting Redundancy Right - https://gettingredundancyright.com
Marketing your Employment Law Practice - https://go.danielbarnett.com/courses/...
Own-branded email updates for solicitors - www.employmentlawbulletins.com


WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister.  I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com).  I have a weekly podcast (https://go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits.  I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk).  I present the legal hour on LBC Radio (http://www.lbc.co.uk), the UK’s leading commercial talk radio station, at 9pm every Saturday night.

CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X: Twitter: daniel_barnett
Mailing list: https://www.danielbarnett.co.uk/site/...
Podcast: https://go.danielbarnett.com/podcast
Subscribe to this channel - click ‘SUBSCRIBE’ above

Tweeting @daniel_barnett directly is the quickest way to get a response.  Sadly there aren’t enough hours in the day to respond to everyone 😭, but I promise I read all messages.


IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited.  The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (Summer 2020), the law may have changed since then.  You should always seek your own independent legal advice.  Please note that for employment law, the law explained applies to England, Scotland and Wales.  For all other areas of law, it applies to England only.

PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.