Do fixed term (long term absence) employees transfer in a TUPE scenario?Posted in : First Tuesday Q&A NI on 2 September 2014
Anyone “employed by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer, which would otherwise be terminated by the transfer” will transfer under TUPE.
Under a TUPE transfer, all of the transferor's "rights, powers, duties and liabilities under or in connection with" the transferring employees' contracts pass to the transferee.
An employee on a fixed-term contract would be caught by this (in the same way a permanent employee would be) if the duration of their contract is still on-going after the transfer date; the contract would transfer to the transferee and the employee would receive protection under TUPE, including
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Back to Q&A's This article is correct at 02/09/2015
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