Employee transfers in the engineering sector

For the past 25 years, transfers of employees have been governed by the TUPE [Transfer of Undertakings (Protection of Employment) Regulations 1981]. TUPE was replaced by new regulations (called 'New TUPE') on 6 April 2006 - a change which significantly affects the engineering sector. The aim of the New TUPE is to make it easier for businesses to understand when a transfer will occur and to make transfers easier to manage. Under the New TUPE, the existing and new employers will jointly be liable for failures to inform and consult. Outgoing employers must provide specific information about the transferring employees to the new employer 14 days before the transfer. This information includes, for example, the age, identity and employment particulars of the transferring employees, as well as information about their disciplinary and grievance records and court or tribunal claims which have been brought against the outgoing employer in the two years prior to the transfer.