Do fixed term (long term absence) employees transfer in a TUPE scenario?

Posted in : First Tuesday Q&A NI on 2 September 2014
Emma-Jane Flannery
Arthur Cox

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

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

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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