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Legislation
Employment Relations Act 1999

Crossheading Miscellaneous

  • Section 30 Partnerships at work.
  • Section 31 Employment agencies.
  • Section 32 Employment rights: employment outside Great Britain.
  • Section 33 Unfair dismissal: special and additional awards.
  • Section 34 Indexation of amounts, &c.
  • Section 35 Guarantee payments.
  • Section 36 Sections 33 to 35: consequential.
  • Section 37 Compensatory award etc: removal of limit in certain cases.
  • Section 38 Transfer of undertakings.
  • Section 39 Minimum wage: information.
  • Section 40 Dismissal of school staff.
  • Section 41 National security.
  1. Miscellaneous
  2. Transfer of undertakings.

Section 38 | Transfer of undertakings.

From legislation.gov.uk

(1)The Secretary of State may by regulations make TUPE-like provision in relation to the treatment of employees in circumstances other than those to which the main part of the TUPE regulations applies.F1

(2)In this section—F1

(a)the “main part of the TUPE regulations” means so much of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246) as relates to the treatment of employees on the transfer of an undertaking, business or part of an undertaking or business;F1

(b)“TUPE-like provision” means provision which is the same or similar to that made by the main part of the TUPE regulations.F1

(2A)The circumstances mentioned in subsection (1) include circumstances in which there is no transfer, or no transfer to which the main part of the TUPE regulations applies.F1

(3)Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Notes

  1. F1

    S. 38(1)-(2A) substituted for s. 38(1)(2) (31.12.2020) by The Employment Rights (Amendment) (EU Exit) (No. 2) Regulations 2019 (S.I. 2019/536), reg. 1(1), Sch. para. 1 (with Sch. Pt. 3); 2020 c. 1, Sch. 5 para. 1(1)

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