0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

TUPE – A more measured approach needed

10 September 2010

The TUPE regulations require outgoing employers to inform and consult with employee representatives if they envisage taking measures in respect of employees. Outgoing employers rarely take such measures, or so we thought.

In Todd v Strain the transfer happened on 4 January 2008. The outgoing employer paid wages for 1 to 3 January shortly after the transfer, rather than at the end of the month, estimating the PAYE deductions. The Employment Appeal Tribunal decided that this was a “measure” that required consultation. This decision means that seemingly harmless administrative steps needed in TUPE transfers that have no adverse consequences for employees are ‘measures’ requiring consultation – an obligation to be taken seriously, since an Employment Tribunal can award up to 13 weeks’ pay per employee for a failure to comply.

Such a literal interpretation of the regulations is surely not what was intended?

related opinions

New statutory sick pay regulations

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 have now been published and came into force on 28 March 2020.

View blog

Coronavirus and annual leave

Regulations have now been published allowing employees to carry forward 4 weeks of their statutory annual leave entitlement but the circumstances in which such leave can be carried forward are limited.

View blog

The Coronavirus self-employment Income Support Scheme

The Government has now announced the measures that it intends to put in place to support the self-employed who are suffering income loss due to the coronavirus pandemic.

View blog

Suspension of gender pay reports

The Government has confirmed that it will not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers - this year due to the impact of coronavirus.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up