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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48783
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Why is TUPE always linked to a Transfer Date and not Transfer

Resolved Question:

Why is TUPE always linked to a Transfer Date and not Transfer Time? I am wondering why I am being transferred at midnight, and not during the day.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hi there, are you transferring at midnight at the end of the day the transfer happens or at the beginning?
Expert:  Ben Jones replied 1 year ago.
Hello, not sure if you saw my initial query above - are you transferring at midnight at the end of the day the transfer happens or at the beginning?
Customer: replied 1 year ago.

Sorry, I thought ih ad replied. Transfer service at 12pm on Tuesday, but staff transfer at Tuesday at 12:01am.

Expert:  Ben Jones replied 1 year ago.
I am not sure what Parliament's intention was at the time the regulations were drafted but it is always accepted that a transfer occurs on a single date, which is when the new employer assumes responsibility of the business. So if the employer assumes responsibility at midday on Tuesday, then the employer would transfer you on that date, which officially starts at midnight in the early hours of that day. So this is nothing uncommon in TUPE situations. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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