TUPE FAQs - TUPE Frequently Asked Questions NB The...

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TUPE - Frequently Asked Questions NB: The interpretation of TUPE is complicated and there are a number of ongoing court cases which may change current advice. 1. What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 1981. The legislation originates from a European Directive and is designed to protect employees when they transfer to a new employer. For example, in Local Government, this type of transfer would take place when an in-house or D.S.O bid failed and the contract was awarded to a private company. 2. Who is covered by the transfer? All staff employed immediately before the transfer, including part-time and temporary staff. 3. What is transferred? Your Contract of Employment. Collective Agreements. Trade Union Recognition. 4. What is not transferred? Policies that are not part of your Contract of Employment. 5. Pensions Under TUPE regulations, occupational pensions do not transfer. However, under Best Value non
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