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ARTICLE · 28 JUNE 2005

TUPE 2005: A New Dawn?

Jones Day
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The Transfer of Undertakings (Protection of Employment) Regulations 1981 ("TUPE") provide various protections to employees of a business which is transferred. Their employment is transferred to the transferee, they have rights to be notified and consulted with about the transfer and its implications and dismissals associated with a transfer of a business are automatically unfair.

United KingdomEmployment and HR
Richard Martin
Richard Martin
Leigh Edgar
Leigh Edgar
Martin Piers
Martin Piers
Nicola Whiteley
Nicola Whiteley
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The Transfer of Undertakings (Protection of Employment) Regulations 1981 ("TUPE") provide various protections to employees of a business which is transferred. Their employment is transferred to the transferee, they have rights to be notified and consulted with about the transfer and its implications and dismissals associated with a transfer of a business are automatically unfair.

As a result of a new TUPE Directive at European level, new UK TUPE regulations have been due for some time. New regulations ("TUPE 2005") were finally published in draft in March. We are now in a period of consultation which will continue until 7 June 2005. The intention is for the Regulations to be in place by 1 October 2005. Given that the consultation document states that the consultation exercise is purely to consider whether the Regulations effectively implement policy decisions that were made some time ago, and that there is no intention to reopen a debate on those policy issues, there is a strong

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