In a TUPE situation, how long do the transferring employees have to be in situ? I am coming across transferees being catapulted into a site that is about to be transferred. Is there a minimum period of time a transferee has to be on site to qualify under TUPE? 

Posted in : First Tuesday Q&A ROI on 7 October 2014
Elaine Mettler
Arthur Cox
Issues covered:

Regulation 4(1) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “TUPE Regulations”) provides that where a transfer of an undertaking occurs, the transferor’s rights and obligations arising from a contract of employment existing on the date of a transfer shall be transferred. There is no minimum period of time that an employee had to be in employment to qualify under TUPE.

To be eligible to transfer, an employee must be “wholly or mainly assigned” to the part of the business or the undertaking being transferred. It is important to clarify who precisely falls within the pool of transferring employees, prior to a proposed transfer

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Back to Q&A's This article is correct at 03/09/2015

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Elaine Mettler
Arthur Cox

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