Restrictive Covenants and Transfers – do they still apply?Posted in : Essential Guide to Employment Contracts on 26 November 2019
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Contracts of Employment
- Is an employee that rejects an offer of suitable alternative employment entitled to notice pay in a redundancy scenario?
- Delay to employee’s start date due to Covid-19, when does continuity of employment commence?
- Can an employer withdraw offers of employment or delay start dates for new recruits in light of Covid-19?
- Ferguson & Others v Astrea Asset Management Ltd 
- Square Global Limited v Leonard 
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.