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TUPE/key card and the 2014 changes

Key Points

  • This card outlines the purpose of the Acquired Rights Directive 2001/23/EC (“Acquired Rights Directive”) and Transfer of Undertakings (Protection of Employment) Regulations 2006 SI 2006/246 (“TUPE”). 
  • The importance of knowing at least in broad terms the purpose of TUPE and the Acquired Rights Directive is that courts frequently use a purposive approach in deciding whether TUPE applies and also will adopt an interpretation of TUPE that allows it to be construed consistently with the Acquired Rights Directive where possible.

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