Transfer of Undertakings (Protection of Employment) Regulations 1981

TUPE. Applicable in the UK. The normal position when an employee stops working for one employer, and starts work for another, is that a completely new contract of employment comes into being. The effect of TUPE is to change this position where there is a "transfer of an undertaking". In those circumstances, the effect of the TUPE Regulations is that the employee is — for most purposes — treated as if the contract with his old employer continued with the new employer. This is important for a number of reasons. For example, certain employment law rights (e.g., against unfair dismissal or rights to redundancy payments) normally only apply if an employee has worked for an employer for a certain period of time. If TUPE applies, the time with the old employer counts when calculating for how long the employee has been employed. TUPE cannot be excluded by contract.

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