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