header-logo header-logo

14 November 2019 / John McMullen
Issue: 7864 / Categories: Features , Employment , TUPE
printer mail-detail

Automatic substitution?

11474
John McMullen provides an update on the automatic transfer principle & its effects
  • TUPE and the automatic substitution of the transferee for the transferor in the employment relationship.
  • The automatic transfer principle should put all potential transferees on notice that three processes at least are required.

TUPE regulations ensure that the employment contract of an employee employed by the transferor immediately before transfer and assigned to the organised grouping of resources or employees that is subject to the relevant transfer has the effect, after the transfer, as if originally made between the employee and the transferee (see box out).

Additionally, all of the transferor’s rights, powers, duties and liabilities under or in connection with an employment contract are transferred to a transferee, and any act or omission before the transfer is completed by or in relation to the transferor in respect of the contract of employment or a person assigned to that organised grouping of resources or employees is deemed to have been done by or in relation to the transferee.

The automatic substitution of the transferee for the transferor in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll