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Employment law guide

TUPE

The Transfer of Undertaking (Protection of Employment) Regulations 1981 (TUPE), apply when there is a transfer of a trade or business undertaking or part of an undertaking, to a new owner. Employees who are employed by the undertaking at the time of the transfer automatically become the employees of the new owner, effectively as if their contract of employment was made originally with the new employer. If either the old or new employers dismiss an employee because of the transfer of undertakings, the dismissal may be considered unfair.