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EMPLOYMENT: Transfers of Undertakings

The principle behind TUPE is that employees should not be adversely affected by their employer’s business being acquired by another; the employment contracts should transfer seamlessly from one owner to another with all rights preserved.

Where there is to be a transfer of an undertaking (rather than a share sale) both employers and employees need to observe the procedural and specific rules,

These can be complex. Failure to observe them can lead to difficult claims being made.