UK Statutory Instrument SI 2006 United Kingdom

Transfer of Undertakings (Protection of Employment) Regulations 2006

These Regulations implement Council Directive 2001/23/EC (“the Directive”) on the approximation of the law relating to business transfers. They revoke the Transfer of Undertakings (Protection of Employment) Regulations 1981 (“the 1981 Regulations”). The provisions introduced by these regulations are similar to those included in the 1981 Regulations. They also include …

Enforced by
ACAS
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Employer5 Employee1

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Employer — also bound by 682 other Acts
Employee — also bound by 189 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.009 Variations of contract where transferors are subject to relevant insolvency proceedings (opens in a new tab) Regulated
  • Provide written copies and guidance for contract variations agreed with non-union repsEmployer
s.011 Notification of Employee Liability Information (opens in a new tab) Regulated
  • Provide employee liability information to the new employer before a TUPE transferEmployer
s.012 Remedy for failure to notify employee liability information (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Tribunal may award compensation for failure to provide employee informationTribunal / Court
s.013 Variation to the duty to inform and consult where no appropriate representatives Regulated
  • Notify small-scale TUPE transferred employees directly if no reps existEmployer
s.013 Duty to inform and consult representatives (opens in a new tab) Regulated
  • Inform and consult staff representatives before a business transferEmployee
s.014 Election of employee representatives (opens in a new tab) Regulated
  • Organise fair elections for employee representativesEmployer
s.015 Failure to inform or consult (opens in a new tab) Regulated
  • Provide information and consult with employees during business transfersEmployer
17 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.effect of relevant transfer on contracts of employ Effect of relevant transfer on contracts of employment which incorporate provisions of collective agreements
s.extension of time limit to facilitate conciliation Extension of time limit to facilitate conciliation before institution of proceedings
Schedules

Schedules

0 of 27 shown
27 other schedules
s.sch001 These Regulations shall apply to Northern Ireland, subject to the...
s.sch001 (1) In regulation 10 for “the Pensions Schemes Act 1993”...
s.sch001 For a reference to a provision of the 1996 Act...
s.sch001 Any expression used in this Schedule which is defined in...
s.sch001 Sub-paragraph (1)(b) of regulation 3 and any other provision of...
s.sch001 Any reference in these Regulations— (a) to an employment tribunal...
s.sch001 For the words from “Paragraph (1)” to “the 1992 Act”...
s.sch001 For the words from “In this Regulation” to “Part XII...
s.sch001 For paragraph (4) of regulation 9 there is substituted— In...
s.sch001 For the words from “Paragraph (2)” to “the employee’s employment...
s.sch001 In regulation 2— (a) for “the 1992 Act” where it...
s.sch001 In regulation 5 for “sections 179 and 180 of the...
s.sch002 In the following provisions, for “Transfer of Undertakings (Protection of...
s.sch002 In each of the following provisions of the Employment Rights...
s.sch002 In each of the following provisions of the Employment Rights...
s.sch002 (1) The Income Tax (Earnings and Pensions) Act 2003 is...
s.sch002 (1) Section 257 of the Pensions Act 2004 (conditions for...
s.sch002 (1) Paragraph 10 of Schedule 5 to the Energy Act...
s.sch002 (1) Section 3B of the Industrial Training Act 1982 (transfer...
s.sch002 (1) Paragraph 2 of Schedule 2 to the Ordnance Factories...
s.sch002 (1) Section 1 of the Dockyard Services Act 1986 (transfer...
s.sch002 (1) Schedule 5 to the Dartford-Thurrock Crossing Act 1988 (transfers...
s.sch002 (1) Section 2 of the Atomic Weapons Establishment Act 1991...
s.sch002 In section 151 of the Railways Act 1993 (general interpretation),...
s.sch002 In section 4 of the Employment Tribunals Act 1996 (composition...
s.sch002 In Article 6 of the Industrial Tribunals (Northern Ireland) Order...

Help complying

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Connected legislation

The wider family of instruments made under the same parent Act.

Air Quality Standards (Scotland) Regulations 2010 SI 2010 Scottish Statutory Instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.