The Transfer of Undertakings (Protection of Employment) Regulations 2006

Citation, commencement and extent

(1) These Regulations may be cited as the Transfer of Undertakings (Protection of Employment) Regulations 2006. (2) These Regulations shall come into force on…

Interpretation

(1) In these Regulations— “assigned” means assigned other than on a temporary basis; “collective agreement”, “collective bargaining” and “trade union” have the…

A relevant transfer

(1) These Regulations apply to— (a) a transfer of an undertaking, business or part of an undertaking or business situated immediately before the transfer in…

Effect of relevant transfer on contracts of employment

(1) Except where objection is made under paragraph (7), a relevant transfer shall not operate so as to terminate the contract of employment of any person…

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

(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…

Effect of relevant transfer on collective agreements

Where at the time of a relevant transfer there exists a collective agreement made by or on behalf of the transferor with a trade union recognised by the…

Effect of relevant transfer on trade union recognition

(1) This regulation applies where after a relevant transfer the transferred organised grouping of resources or employees maintains an identity distinct from…

Dismissal of employee because of relevant transfer

(1) Where either before or after a relevant transfer, any employee of the transferor or transferee is dismissed, that employee shall be treated for the…

Insolvency

(1) If at the time of a relevant transfer the transferor is subject to relevant insolvency proceedings paragraphs (2) to (6) apply. (2) In this regulation…

Variations of contract where transferors are subject to relevant insolvency proceedings

(1) If at the time of a relevant transfer the transferor is subject to relevant insolvency proceedings these Regulations shall not prevent the transferor or…

Pensions

(1) Regulations 4 and 5 shall not apply— (a) to so much of a contract of employment or collective agreement as relates to an occupational pension scheme within…

Notification of Employee Liability Information

(1) The transferor shall notify to the transferee the employee liability information of any person employed by him who is assigned to the organised grouping of…

Remedy for failure to notify employee liability information

(1) On or after a relevant transfer, the transferee may present a complaint to an employment tribunal that the transferor has failed to comply with any…

Duty to inform and consult representatives

(1) In this regulation and regulations 13A 14 and 15 references to affected employees, in relation to a relevant transfer, are to any employees of the…

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

(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…

Election of employee representatives

(1) The requirements for the election of employee representatives under regulation 13(3) are that— (a) the employer shall make such arrangements as are…

Failure to inform or consult

(1) Where an employer has failed to comply with a requirement of regulation 13 or regulation 14, a complaint may be presented to an employment tribunal on that…

Failure to inform or consult: supplemental

(1) Section 205(1) of the 1996 Act (complaint to be sole remedy for breach of relevant rights) and sections 18A to 18C of the 1996 Tribunals Act (conciliation)…

Extension of time limit to facilitate conciliation before institution of proceedings

(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)…

Employers' Liability Compulsory Insurance

(1) Paragraph (2) applies where— (a) by virtue of section 3(1)(a) or (b) of the Employers' Liability (Compulsory Insurance) Act 1969 (“the 1969 Act”), the…

Restriction on contracting out

Section 203 of the 1996 Act (restrictions on contracting out) shall apply in relation to these Regulations as if they were contained in that Act, save for that…

Amendment to the 1996 Act

In section 104 of the 1996 Act (assertion of statutory right) in subsection (4)— (a) the word “and” at the end of paragraph (c) is omitted; and (b) after…

Repeals, revocations and amendments

(1) Subject to regulation 21, the 1981 Regulations are revoked. (2) Section 33 of, and paragraph 4 of Schedule 9 to, the Trade Union Reform and Employment…

Transitional provisions and savings

(1) These Regulations shall apply in relation to— (a) a relevant transfer that takes place on or after 6 April 2006; (b) a transfer or service provision…

Sch. 1 para. 1

These Regulations shall apply to Northern Ireland, subject to the modifications in this Schedule.

Sch. 1 para. 2

Sub-paragraph (1)(b) of regulation 3 and any other provision of these Regulations insofar as it relates to that sub-paragraph shall not apply to Northern…

Sch. 1 para. 3

Any reference in these Regulations— (a) to an employment tribunal shall be construed as a reference to an Industrial Tribunal; and (b) to the Employment Appeal…

Sch. 1 para. 4

For the words from “Paragraph (1)” to “the 1992 Act” in regulation 7(6) there is substituted— Paragraph (1) shall not apply in relation to a dismissal of an…

Sch. 1 para. 5

For the words from “In this Regulation” to “Part XII of the 1996 Act” in regulation 8(4) there is substituted— In this Regulation the “relevant statutory…

Sch. 1 para. 6

For paragraph (4) of regulation 9 there is substituted— In article 92 of the 1996 Order (time off for carrying out trade union duties) in paragraph (1), for…

Sch. 1 para. 7

For the words from “Paragraph (2)” to “the employee’s employment with the transferor” in regulation 17 there is substituted— Paragraph (2) applies where— (a)…

Sch. 1 para. 8

In regulation 2— (a) for “the 1992 Act” where it first occurs there is substituted “the Industrial Relations (Northern Ireland) Order 1992”; (b) for “Part XIII…

Sch. 1 para. 9

In regulation 5 for “sections 179 and 180 of the 1992 Act” there is substituted “Article 26 of the Industrial Relations (NI) Order 1992 No.807 (N.I. 5)”.

Sch. 1 para. 10

(1) In regulation 10 for “the Pensions Schemes Act 1993” there is substituted “the Social Security Pensions (Northern Ireland) Order 1975”. (2) In regulation…

Sch. 1 para. 11

For a reference to a provision of the 1996 Act in column one of Table 1 there is substituted the corresponding reference to the Employment Rights (Northern…

Sch. 1 para. 12

Any expression used in this Schedule which is defined in the Interpretation Act (Northern Ireland) 1954 shall have the meaning assigned by that Act.

Sch. 2 para. 1

In the following provisions, for “Transfer of Undertakings (Protection of Employment) Regulations 1981” or “Transfer of Undertakings (Protection of Employment)…

Sch. 2 para. 2

(1) Section 3B of the Industrial Training Act 1982 (transfer of staff employed by industrial training boards) is amended as follows. (2) In subsection (2), for…

Sch. 2 para. 3

(1) Paragraph 2 of Schedule 2 to the Ordnance Factories and Military Services Act 1984 (application of 1981 Regulations to ordnance factories transfer schemes)…

Sch. 2 para. 4

(1) Section 1 of the Dockyard Services Act 1986 (transfer of persons engaged in dockyard services) is amended as follows. (2) In subsection (4)– (a) for the…

Sch. 2 para. 5

(1) Schedule 5 to the Dartford-Thurrock Crossing Act 1988 (transfers of staff) is amended as follows. (2) In paragraphs 3(1) and 4, for “the Employment…

Sch. 2 para. 6

(1) Section 2 of the Atomic Weapons Establishment Act 1991 (provisions applying to the transfer of certain employees) is amended as follows. (2) In subsection…

Sch. 2 para. 7

In section 151 of the Railways Act 1993 (general interpretation), in subsection (6), for the words from “the Transfer” to the end there is substituted “the…

Sch. 2 para. 8

In section 4 of the Employment Tribunals Act 1996 (composition of a tribunal), in subsection (3)(ca), for the words from “regulation 11(5)” to “Regulations…

Sch. 2 para. 9

In Article 6 of the Industrial Tribunals (Northern Ireland) Order 1996 (composition of a tribunal), in paragraph (3)(ab), for the words from “regulation 11(5)”…

Sch. 2 para. 10

In each of the following provisions of the Employment Rights Act 1996, for the words from “Regulations 10” to “Regulations 1981” there is substituted…

Sch. 2 para. 11

In each of the following provisions of the Employment Rights (Northern Ireland) Order 1996 for the words from “Regulations 10” to “Regulations 1981” there is…

Sch. 2 para. 12

(1) The Income Tax (Earnings and Pensions) Act 2003 is amended as follows. (2) In section 498 (no charge on shares ceasing to be subject to share incentive…

Sch. 2 para. 13

(1) Section 257 of the Pensions Act 2004 (conditions for pension protection) is amended as follows. (2) In subsection (1), for paragraph (a) there is…

Sch. 2 para. 14

(1) Paragraph 10 of Schedule 5 to the Energy Act 2004 (supplementary provisions about nuclear transfer schemes) is amended as follows. (2) In sub-paragraphs…