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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.
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content

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