# The Transfer of Undertakings (Protection of Employment) Regulations 2006 URL: https://consilena.com/coverage/laws/stat_uk_uksi_2006_246 - Jurisdiction: United Kingdom - Type: Statutory instrument - Short name: TUPE 2006 - Identifier: uksi/2006/246 - Current as of: 5 October 2026 - Provisions: 50 - Official text: https://www.legislation.gov.uk/uksi/2006/246 - Licence: [Open Government Licence v3.0](https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/) - Attribution: Contains public sector information licensed under the Open Government Licence v3.0. > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **reg. 1 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… - **reg. 2 Interpretation**: (1) In these Regulations— “assigned” means assigned other than on a temporary basis; “collective agreement”, “collective bargaining” and “trade union” have the… - **reg. 3 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… - **reg. 4 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… - **reg. 4A 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… - **reg. 5 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… - **reg. 6 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… - **reg. 7 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… - **reg. 8 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… - **reg. 9 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… - **reg. 10 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… - **reg. 11 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… - **reg. 12 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… - **reg. 13 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… - **reg. 13A 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… - **reg. 14 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… - **reg. 15 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… - **reg. 16 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)… - **reg. 16A 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)… - **reg. 17 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… - **reg. 18 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… - **reg. 19 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… - **reg. 20 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… - **reg. 21 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… ### SCHEDULE 1 - **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. ### SCHEDULE 2 - **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… --- Consilena is a software provider, not a law firm. AI output is not legal advice: consult a licensed lawyer in the relevant jurisdiction. Page: https://consilena.com/coverage/laws/stat_uk_uksi_2006_246. Index of every page: https://consilena.com/llms.txt.