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Message: <blockquote data-quote="Naomi U" data-source="post: 47139" data-attributes="member: 4043">Hi [USER=6305]@RubySmithers[/USER],From my experience, you won't be expected to go into specific detail concerning the TUPE regulation. However I have summarised some of the points I think are key below.The TUPE 2006 stands for the Transfer of Undertakings (Protection of Employees) Regulation.What is its aim?The aim of the TUPE 2006 is to protect employees employed by a business who changes hands.Its effect will be to move the employees and any liabilities associated with them from their old employer (Business A) to the new employer (Business B).This will occur automatically by operation of the law.When does the TUPE apply?As you stated, the TUPE 2006 regulation is only triggered when there is an asset purchase. As such it will have no impact if a company is purchased by another company by way of a share purchase.What is the impact of the TUPE regulation from a case study perspective? ( the most relevant bit)Under the TUPE regulation, employees have the legal right to transfer to their new employer under the existing terms and conditions of their previous employment.Employees can refuse to transfer (or object), but depending on the circumstances of the case, they can lose valuable legal rights if they do.As such, this is a key due diligence issue for potential buyers as it will be vital for them to know about the employees and liabilities they might inherit from the acquisition. The outgoing employer has a duty to provide the incoming employer with written details of the transferring employees. Early foresight will enable the buyer to alter the terms of the SPA in a way that protects them from any foreseeable liabilities. This may be through the inclusion of warranties or conditions e.g. a condition precedent that all pending employment litigation must be settled before the acquisition.If the sole or principal reason for a dismissal is a TUPE transfer, the dismissal will be automatically regarded as unfair by the employment tribunal.However following amendments in 2014, this may be permitted if the reason is deemed to be an economic, technical, or organisational (ETO) reason entailing changes in the workforce. It is important to note that the scope for ETO reasons is relatively narrow.</blockquote>

Verification: Our company is called, "The Corporate ___ Academy". What is the missing word here?

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