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TUPE and asset purchases


FORTHCOMING CHANGE: The Information Commissioner’s Office (ICO) published draft guidance on keeping employment records and recruitment and selection which was open for consultation until 5 March 2024, and also removed the employment practices code (first published in March 2022, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Overview will be updated once the ICO draft guidance is finalised.

This Overview provides quick links to our materials on the Transfer of Undertakings (Protection of Employment) Regulations 2006, SI 2006/246 (TUPE 2006) and also summarises the application and legal effect of TUPE 2006 and provides further details of the materials available, including Precedents.

Quick links to our Practice Note materials

Links to our Practice Notes materials are provided below:

  1. •

    TUPE—business transfers

  2. •

    TUPE—service provision changes

  3. •

    TUPE—information and consultation

  4. •

    TUPE—transfer of employees

  5. •

    TUPE—transfer of rights and liabilities

  6. •

    TUPE—public sector transfers

  7. •

    TUPE—transnational transfers

  8. •

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Latest Employment News

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HM Courts and Tribunals Service (HMCTS) has announced a delay in the implementation of new Practice Directions for Employment Tribunals (ET) in England, Wales, and Scotland. In an email circulated to national user group members, HMCTS advised that the Practice Directions, originally scheduled to coincide with the Employment Tribunal Procedure Rules 2025 on 6 January 2025, are now expected later in January 2025. The directions will introduce changes to the presentation of claims, responses, and statutory appeals, including restrictions on email submissions of ET3 response forms.

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Employment analysis: Judge Barry Clarke, the President for the Employment Tribunals (England and Wales), and Judge Susan Walker, the President for the Employment Tribunals (Scotland), have published a joint letter, dated 18 December 2024, concerning the interaction between the current Practice Directions and Presidential Guidance documents and the new Employment Tribunal Rules 2024, which take effect on 6 January 2025.

Employment weekly highlights—19 December 2024

This edition of Employment weekly highlights includes: (1) a round-up of the key employment law developments in 2024 and what to look out for in 2025, (2) a joint letter from the Presidents of the Employment Tribunals for England & Wales and Scotland on how to approach existing Practice Directions and Presidential Guidance in light of the new procedure rules, (3) two Court of Appeal decisions on the extension of employment tribunal time limits, (4) an EAT decision examining the interplay between regulations 4(7), 4(8) and 4(9) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), (5) a Court of Appeal ruling that claims that migrant workers were abused in Dyson’s Malaysian factories should be heard in Britain, (6) the IRLR Highlights for January 2025, (7) dates for your diary, and (8) other news items of interest to employment practitioners.

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