IDS Handbook: Transfer of Undertakings 2025

The IDS Employment Law Handbook: Transfer of Undertakings 2025 takes an in-depth look at the rules governing transfers of undertakings ('TUPE transfers'), explaining the law in this complex area in a logical and clear manner.

• The Handbook discusses the mechanics of transfer, including contracting out scenarios
• Explains who, and what, is covered by TUPE
• Deals with the effect of a transfer on contracts of employment, including employees’ rights to refuse to transfer
• Covers the rules that apply to unfair dismissal in the context of a transfer, including constructive dismissal and ‘material detriment’ dismissals
• Sets out the special provisions governing the transfer of insolvent businesses
• Outlines the common practical issues that can arise in a transfer situation, such as the disclosure of information to transferees, consulting and informing affected employees, and the use of warranties and indemnities by the parties to a transfer.

New matters covered in the 2025 edition are:

• the relationship between TUPE and the large body of assimilated EU case law, provided for under the European Union (Withdrawal) Act 2018, as amended by the Retained EU Law (Revocation and Reform) Act 2023
• changes to the information and consultation rules for transfers taking place from 1 July 2024, which allow consultation directly with employees where the employer has fewer than 50 employees, or the transfer affects fewer than 10 employees.