Restrictive Covenants and Transfers – do they still apply?

Posted in : Essential Guide to Employment Contracts on 26 November 2019
Kiera Lee
Mills Selig
Issues covered:


The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) typically applies to business asset sales, as opposed to share sales. The purpose of TUPE is to protect employees when the business they work for changes ownership. TUPE contains various provisions which preserve the contractual terms of transferring employees and protects them against any changes being made by the employer to whom they have transferred. Restrictive covenants, salary, holiday, bonus entitlement, for example, are all preserved on transfer. This article focuses on restrictive covenants following a TUPE transfer.

Impact of TUPE transfer

On a TUPE transfer, the benefit of restrictive

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This article is correct at 26/11/2019

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email

View all articles by Kiera Lee