What are the Differences for Employers to be Aware of Regarding TUPE Transfers in NI and the Rest of the United Kingdom?

Posted in : First Tuesday Q&A NI on 7 November 2023
Chris Fullerton
Arthur Cox NI
Issues covered: TUPE

Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (generally referred to as “TUPE”), the legal protections for employees being transferred between companies in NI are largely similar to those in GB, with the only differences being that the 2014 amendments to TUPE which were introduced in GB do not apply in NI. These differences include:

  • Micro business (< 10 employees, no union or elected representatives)

GB: These businesses can inform and consult directly with their employees rather than through employee representatives.

NI: Strictly, all employers have to

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Back to Q&A's This article is correct at 07/11/2023
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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

View all articles by Chris Fullerton