Tag Archives: TUPE

How Scottish football made TUPE exciting!

The announcement yesterday that Rangers Football Club is to be placed into liquidation has one bizarre consequence- the country’s football media are now prominently featuring comment on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”). Those who have had to consider TUPE in the past are no doubt aware of the technical nature of its provisions; the difficult practical problems it can throw up can be more complicated than the offside rule!

Leaving aside the sporting issues and the emotional debates which have arisen about the rights and wrongs of the situation in which Rangers has found itself, there are some interesting employment law considerations surrounding the statement made by Charles Green (the individual fronting the consortium looking to buy the club) regarding the ability of a “newco” to retain Rangers current playing staff.

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Certainty at last: TUPE does apply to Administrations

This article was first published in Financiers Worldwide on 1 May 2012.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) provide employees with a number of key protections when the organisation in which they work is transferred from one owner (the transferor) to another (the transferee). First, TUPE provides for the automatic transfer to the transferee of the employees’ employment on the same terms and conditions as before (Regulation 4(1) of TUPE) and variations to the employees’ contracts are generally void, even if the employees agree to them (Regulation 4(4) of TUPE). Secondly, the transferee will inherit most employment-related liabilities (Regulation 4(2) of TUPE). Thirdly, any dismissal that is connected with the transfer is automatically unfair, unless it is for an “economic, technical or organisational change entailing changes in the workforce” (Regulation 7 of TUPE). Fourthly, employees have the right to be informed about the transfer and consulted about any changes envisaged by the transferee post-transfer (Regulation 13 of TUPE). More…

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