In a TUPE situation, how long do the transferring employees have to be in situ? Is there a minimum period of time a transferee has to be on site to qualify under TUPE?

Posted in : First Tuesday Q&A NI on 7 October 2014
Emma-Jane Flannery
Arthur Cox

Regulation 4 of TUPE provides that the automatic transfer principle applies to anyone employed by the transferor and assigned to the organised grouping of resources or employees "immediately before" the transfer.

Assuming that in this case there is no issue in respect to whether the employee is actually assigned to the undertaking, the question which therefore arises is whether the employee was assigned to the transferred undertaking at the time of the transfer (or “immediately before”).

The term “immediately before” has been strictly and literally interpreted by the courts with the

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Back to Q&A's This article is correct at 02/09/2015
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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.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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