Under TUPE, can you: (a) Impose a smart dress code to transferring staff? (b) Generally impose their policies/procedures to transferring staff? Posted in : First Tuesday Q&A ROI on 5 April 2011
|I am assuming that the transferor does not currently have a policy in place concerning employees’ dress. The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “TUPE Regulations”) provide that the rights and obligations previously owed by the transferor to employees will transfer to the transferee on the date of transfer. This means that transferring employees’ existing terms and conditions of employment may not be varied, by reason of the transfer, even with their consent. As such, there is a risk that the imposition of a dress code and the attempt by the transferee to introduce its policies would be likely to be deemed a change to the|
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Back to Q&A's This article is correct at 03/09/2015
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