TUPE 2006 – the new Regulations and pitfalls for employers

Posted on April 1st, by editor in Caring Times. No Comments

If you have bought or sold a care home or other business in the past, you will be aware that employees have a number of rights under what are known as the TUPE (Transfer of Undertakings) Regulations. Essentially, on the transfer of a business, employees will transfer to the buyer, on the same employment terms. The employees also have the right to be provided with certain information in advance of the transfer of their employment to the buyer, and a seller may be obliged to consult with employees prior to the sale. The TUPE Regulations have been around for almost 25 years, yet the courts have continued to grapple with concepts such as when the Regulations will apply, which employees will transfer, and when changes can be made to transferring employees’ terms and conditions of employment. The long-awaited amendments to the Transfer of Undertakings (Protection of Employment) Regulations 1981 finally came into effect on 6 April 2006. The new Transfer of Undertakings (Protection of Employment) Regulations 2006 c

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