header-logo header-logo

Automatic substitution?

14 November 2019 / John McMullen
Issue: 7864 / Categories: Features , Employment , TUPE
printer mail-detail
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grouping of resources or employees that is subject to the relevant transfer has the effect, after the transfer, as if originally made between the employee and the transferee (see box out).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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll