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The Transfer of Undertakings (Protection of Employment) Regulations 2006

Type Statutory-Instrument
Publication 2006-02-06
Last updated 2025-03-17
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API
  • (10) Regulation 13 imposes a duty on an employer to provide information to appropriate representatives of affected employees about a relevant transfer and measures he envisages taking in respect of it, long enough before a relevant transfer to enable the employer to consult those representatives with a view to seeking their agreement to the intended measures. Regulation 14 makes provision for the election of employee representatives where there is no recognised independent trade union. Regulations 15 and 16 provide a remedy for a failure of an employer to comply with regulations 13 or 14.
  • (11) Regulation 21 provides that these Regulations shall apply to a relevant transfer that takes place on or after 6 April 2006 whilst the 1981 Regulations will apply to a transfer to which the 1981 Regulations applied that took place before 6 April 2006.
  • (12) Schedule 1 provides modifications in the application of the Regulations to Northern Ireland.
  • (13) Schedule 2 provides amendments consequential on these Regulations.
  • (14) A Regulatory Impact Assessment of the effect these Regulations will have on business costs, and Transposition Notes showing how Council Directive 2001/23/EC has been implemented in the United Kingdom are available to the public, free of charge, from the Employment Relations Directorate, TUPE Unit, 3rd Floor, Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET, and from the DTI website on the links shown below. Copies of each have also been placed in both Houses of Parliament.

http://www.dti.gov.uk/er/individual/tupe_transposition_note_2006.pdf and

http://www.dti.gov.uk/er/individual/tupe_ria_2006.pdf

Footnotes

2

See the European Communities (Designation) (No.2) Order 1977 (S.I. 1977/1718).

4

1986 c. 45; section 388, which explains the meaning of acting as insolvency practitioner, was amended by the Insolvency Act 2000 (c. 39) sections 4(1), 4(2)(a), 4(2)(b), 4(2)(c), the Bankruptcy (Scotland) Act 1993 section 11(1), S.I. 1994/2421, S.I. 2002/1240 and S.I. 2002/2708.

7

1996 c. 17 ; section 18, which defines conciliation, was amended by the Employment Rights (Dispute Resolution) Act 1998 (c. 8) sections 1(2)(a), 11(1), 15 and Schedule 1, the National Minimum Wage Act 1998 (c. 39) sections 24 and 30(1), the Employment Act 2002 (c. 22) sections 24(2), 53 and Schedule 7, the Employment Relations Act 2004 (c. 24) section 57(1) and Schedule 1, S.I. 1998/1833, S.I. 1999/3323, S.I. 2000/1299, S.I. 2000/1551, S.I. 2001/1107, S.I. 2002/2034, S.I. 2003/1660, S.I. 2003/1661, S.I. 2003/1673, S.I. 2003/3049, S.I. 2004/2326, S.I. 2004/1713 and S.I. 2004/3426.

8

S.I. 1981/1794, amended by the Dock Work Act 1989 (c. 13) section 7(2), the Trade Union Reform and Employment Rights Act 1993 (c. 19) sections 33, 51 and Schedule 10, the Employment Rights (Dispute Resolution) Act 1998 (c. 8) section 1(2)(a), S.I. 1987/442. S.I. 1995/2587, S.I. 1998/1658, S.I. 1999/1925 and S.I. 1999/2402.

10

1919 c. 92; section 5 was amended by the Former Enemy Aliens (Disabilities Removal) Act 1925 section 1 and Schedule 2, the Merchant Shipping Act 1970 section 100(3) and Schedule 5 and the Merchant Shipping Act 1995 section 314 and Schedule 12.

11

1993 c. 48; section 1, which defines occupational pension scheme, was amended by the Welfare Reform & Pensions Act 1999 (c. 30) section 18 and Schedule 2, the Pensions Act 2004 (c. 35) section 239 and S.I. 1999/1820.

12

1992 c. 53; section 11(1) was amended by the Sea Fish (Conservation) Act 1992 (c. 60) section 9, the Special Educational Needs and Disability Act 2001 (c. 10) section 42(1) and Schedule 8 and S.I. 2001/3649.

Editorial notes

46

Sch. 2 para. 1 in force at 6.4.2006, see reg. 1(2)

47

Sch. 2 para. 5 in force at 6.4.2006, see reg. 1(2)

48

Sch. 2 para. 14 in force at 6.4.2006, see reg. 1(2)

49

Sch. 2 para. 9 in force at 6.4.2006, see reg. 1(2)

50

Sch. 1 para. 10 in force at 6.4.2006, see reg. 1(2)

51

Sch. 2 para. 12 in force at 6.4.2006, see reg. 1(2)

52

Sch. 1 para. 11 in force at 6.4.2006, see reg. 1(2)

53

Sch. 2 para. 11 in force at 6.4.2006, see reg. 1(2)

54

Sch. 1 para. 6 in force at 6.4.2006, see reg. 1(2)

55

Sch. 1 para. 4 in force at 6.4.2006, see reg. 1(2)

56

Sch. 1 para. 5 in force at 6.4.2006, see reg. 1(2)

57

Sch. 2 para. 8 in force at 6.4.2006, see reg. 1(2)

58

Sch. 2 para. 13 in force at 6.4.2006, see reg. 1(2)

59

Sch. 2 para. 6 in force at 6.4.2006, see reg. 1(2)

60

Sch. 2 para. 4 in force at 6.4.2006, see reg. 1(2)

61

Sch. 2 para. 2 in force at 6.4.2006, see reg. 1(2)

62

Sch. 2 para. 7 in force at 6.4.2006, see reg. 1(2)

63

Sch. 2 para. 10 in force at 6.4.2006, see reg. 1(2)

64

Sch. 2 para. 3 in force at 6.4.2006, see reg. 1(2)

65

Reg. 16 in force at 6.4.2006, see reg. 1(2)

66

Reg. 12 in force at 6.4.2006, see reg. 1(2)

67

Reg. 20 in force at 6.4.2006, see reg. 1(2)

68

Reg. 9 in force at 6.4.2006, see reg. 1(2)

69

Reg. 10 in force at 6.4.2006, see reg. 1(2)

70

Reg. 19 in force at 6.4.2006, see reg. 1(2)

71

Reg. 18 in force at 6.4.2006, see reg. 1(2)

72

Reg. 7 in force at 6.4.2006, see reg. 1(2)

73

Reg. 8 in force at 6.4.2006, see reg. 1(2)

74

Reg. 3 in force at 6.4.2006, see reg. 1(2)

75

Reg. 11 in force at 6.4.2006, see reg. 1(2)

76

Reg. 4 in force at 6.4.2006, see reg. 1(2)

77

Reg. 13 in force at 6.4.2006, see reg. 1(2)

78

Reg. 1 in force at 6.4.2006, see reg. 1(2)

79

Reg. 2 in force at 6.4.2006, see reg. 1(2)

80

Reg. 5 in force at 6.4.2006, see reg. 1(2)

81

Reg. 6 in force at 6.4.2006, see reg. 1(2)

82

Reg. 14 in force at 6.4.2006, see reg. 1(2)

83

Reg. 15 in force at 6.4.2006, see reg. 1(2)

84

Reg. 17 in force at 6.4.2006, see reg. 1(2)

85

Reg. 21 in force at 6.4.2006, see reg. 1(2)

86

Sch. 1 para. 1 in force at 6.4.2006, see reg. 1(2)

87

Sch. 1 para. 2 in force at 6.4.2006, see reg. 1(2)

88

Sch. 1 para. 3 in force at 6.4.2006, see reg. 1(2)

89

Sch. 1 para. 7 in force at 6.4.2006, see reg. 1(2)

90

Sch. 1 para. 9 in force at 6.4.2006, see reg. 1(2)

91

Sch. 1 para. 12 in force at 6.4.2006, see reg. 1(2)

100

Regulations applied (with modifications) (30.3.2009 at 8.00 a.m.) by The Amendments to Law (Resolution of Dunfermline Building Society) Order 2009 (S.I. 2009/814), arts. 1(2), 4

112

Regulations applied (15.1.2012) by Localism Act 2011 (c. 20), ss. 193(4), 240(2); S.I. 2012/57, art. 4(1)(z) (with arts. 6, 7, 9-11)

141

Regulations applied in part (26.11.2015) by Local Government (Wales) Act 2015 (anaw 6), ss. 10(6), 46(2)

150

Regulations applied (31.12.2020) by Regulation (EC) No. 1370/2007, Art. 4(4b) (as inserted by The Regulation (EC) No 1370/2007 (Public Service Obligations in Transport) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/504), regs. 1(2), 7(c) (with reg. 16))

163

Regulations applied (E.W.) (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 54(5), 255(2)(c) (with s. 247)

Effect of relevant transfer on contracts of employment which incorporate provisions of collective agreements

4A
  • (1) Where a contract of employment, which is transferred by regulation 4(1), incorporates provisions of collective agreements as may be agreed from time to time, regulation 4(2) does not transfer any rights, powers, duties and liabilities in relation to any provision of a collective agreement if the following conditions are met—
  • (a) the provision of the collective agreement is agreed after the date of the transfer; and
  • (b) the transferee is not a participant in the collective bargaining for that provision.
  • (2) For the purposes of regulation 4(1), the contract of employment has effect after the transfer as if it does not incorporate provisions of a collective agreement which meet the conditions in paragraph (1).

Effect of relevant transfer on collective agreements

Effect of relevant transfer on trade union recognition

Dismissal of employee because of relevant transfer

Insolvency

Variations of contract where transferors are subject to relevant insolvency proceedings

Pensions

Notification of Employee Liability Information

Remedy for failure to notify employee liability information

Duty to inform and consult representatives

Micro-business’s duty to inform and consult where no appropriate representatives

13A
  • (1) This regulation applies if, at the time when the employer is required to give information under regulation 13(2)—
  • (a) at least one of the following conditions is satisfied—
  • (i) the employer employs fewer than 50 employees;
  • (ii) there are fewer than 10 transferring employees.
  • (b) there are no appropriate representatives within the meaning of regulation 13(3); and
  • (c) the employer has not invited any of the affected employees to elect employee representatives.
  • (1A) For the purposes of paragraph (1)(a)(ii), “transferring employees” means the employees who work for the transferor and who are to be (or are likely to be) transferred to the transferee’s employment under a relevant transfer.
  • (2) The employer may comply with regulation 13 by performing any duty which relates to appropriate representatives as if each of the affected employees were an appropriate representative.

Election of employee representatives

Failure to inform or consult

Failure to inform or consult: supplemental

Employers' Liability Compulsory Insurance

Restriction on contracting out

Amendment to the 1996 Act

Repeals, revocations and amendments

Transitional provisions and savings

Extension of time limit to facilitate conciliation before institution of proceedings

16A
  • (1) This regulation applies where these Regulations provide for it to apply for the purposes of a provision in these Regulations (“a relevant provision”).
  • (2) In this regulation—
  • (a) Day A is the day on which the worker concerned complies with the requirement in subsection (1) of section 18A of the Employment Tribunals Act 1996 (requirement to contact ACAS before instituting proceedings) in relation to the matter in respect of which the proceedings are brought, and
  • (b) Day B is the day on which the worker concerned receives or, if earlier, is treated as receiving (by virtue of regulations made under subsection (11) of that section) the certificate issued under subsection (4) of that section.
  • (3) In working out when the time limit set by a relevant provision expires the period beginning with the day after Day A and ending with Day B is not to be counted.
  • (4) If the time limit set by a relevant provision would (if not extended by this paragraph) expire during the period beginning with Day A and ending one month after Day B, the time limit expires instead at the end of that period.
  • (5) Where an employment tribunal has power under these Regulations to extend the time limit set by a relevant provision, the power is exercisable in relation to that time limit as extended by this regulation.

Employers' Liability Compulsory Insurance

Restriction on contracting out

Amendment to the 1996 Act

Repeals, revocations and amendments

Transitional provisions and savings

Variation to the duty to inform and consult where no appropriate representatives

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