TUPE TUPE Quiz Once you've watched all of the TUPE Masterclass above, take the quiz and receive a certificate to prove you've passed! Fill in your details for the certificate and click NEXT to continue... GOOD LUCK! Your Name Company Name 1. When deciding which employees will transfer, the time they spend on the services transferring is key. Is this correct? A. Yes, if they spend most of their time on the services they will transfer to the transferee B. No, although it's important to look at the time they spend carrying out the services it will only be one of a number of factors considered C. Yes, the only way to determine whether an employee will transfer is to look at the time they spend on the services, nothing else is relevant 2. If only part of a business transfers then TUPE will not apply and no employees will transfer. Is this correct? A. No, TUPE can apply to a transfer of part of a business it will be necessary to look at whether the employees are assigned to an organised grouping and work wholly or mainly in the part of the business being transferred B. Yes, the whole of a business or contract has to transfer otherwise TUPE will not apply C. TUPE may apply, but if employees don't work in that part of the business they will not have the right to transfer 3. The right to transfer applies to workers as well as employees? A. No, only employees can transfer under TUPE B. No, the key thing is being employed under a contract of employment and this doesn't apply to workers C. Yes, the right to transfer will potentially extend to bank staff and casual workers, and may, in certain circumstances, extend to consultants. 4. If an employee is off on maternity leave for more than 6 months before the transfer has taken place she will not have the right to transfer. Is this correct? A. No, she will still be employed by the transferor and, as a result, will have the right to transfer even if she is still on maternity leave when the transfer takes place B. Yes, only those working in the part transferring immediately before the transfer have the right to transfer and she is not C. Providing that she is still receiving maternity pay from the employer she will have the right to transfer 5. One employee is responsible for managing the contract which is transferring to a new provider but they manage other contracts too. Will they have the right to transfer? A. No, if they only managed the transferring contract they would have the right to transfer, but as they do work outside that contract too they will not B. Potentially, yes. If the employee forms part of an organised grouping for the purposes of the contract in question, the fact that they are involved in managing other contracts will not necessarily prevent them from transferring C. Yes, the time they spend on the other contracts is irrelevant and they will have the right to transfer under TUPE 6. Will the transferring employees have continuity of service after the transfer has taken place? A. Yes, their service with the transferor will continue to count towards their continuity of employment B. No, their continuity of service with the transferee will begin from the date of the transfer and their past service will be irrelevant C. If they have two years' service with the transferor then their continuity of service will continue. If they have under two years' service, then they will lose it for continuity purposes 7. Employee liability must be provided as soon as reasonably practicable. Is this correct? A. Yes, the transferor must provide the relevant information at a reasonable time before the transfer to enable the transferee to start consulting about the transfer B. No, employee liability information has to be provided at least 14 days before the transfer C. No, employee liability information has to be provided at least 28 days before the transfer 8. Failure to provide employee liability information will result in a fine of £50 per employee? A. Yes, £50 per employee is the correct figure B. No, it's £250 per employee C. No, it's at least £500 per employee 9. There's no need to worry about data protection as all the information is provided by the transferor as a legal requirement. Is this correct? A. While the transferor will be able to rely on the protection of a "legal requirement" to avoid breaching data protection laws it will still have to provide affected employees with a data privacy notice covering the provision of TUPE data, and the data should also be anonymised as far as possible B. As the transferor will be able to rely on the protection of a "legal requirement" to process the data in question it will not have to think any further about data protection issues C. The data will always be anonymised, so data protection isn't an issue 10. If the transferee plans to make 20 or more employees redundant is there anything it can do before the transfer to speed up the process? A. No, it will have to wait until after the transfer to start the redundancy consultation process as, before then, it will not employ the employees B. Yes, it can ask if the transferor will agree to pre-transfer consultation. If the transferor agrees and provides certain key information about who the representatives of the employees are then it can start the consultation process prior to the transfer taking place C. Yes, it can tell the transferor about its plans and start the redundancy consultation process straight away 11. Any dismissal because of the transfer will be automatically unfair. Is this correct? A. No, if the employee was not doing their job properly in the period leading up to the transfer, or if there were any disciplinary concerns, then the fact that the transfer is taking place is irrelevant B. Yes, any dismissal because of the transfer will be automatically unfair C. No, provided a fair procedure is followed, the dismissal can still be fair 12. It is not possible to dismiss anyone when a transfer has taken place. Is that correct? A. Yes, TUPE offers complete protection against dismissal so it will be necessary to wait for a period of time after the transfer has taken place before dismissing anyone B. It is possible to dismiss if you have a fair reason, but TUPE makes it more complicated C. Provided the reason for the dismissals is not the transfer or there is an ETO reason which entails changes in the workforce (i.e. a change in the numbers, function or location of the employees) it will be possible for a dismissal to take place without being automatically unfair. A fair procedure is still necessary. 13. TUPE says you can make changes to terms and conditions after a transfer provided you have an ETO reason? Is this correct? A. No. All changes to terms and conditions because of the transfer are void B. Yes. As long as you consult properly and have a good reason it is possible to implement changes to terms and conditions but you have to undergo a proper process C. Yes, it's possible to make changes in some circumstances where you have an ETO reason, but you must also get the agreement of the employees 14. Can't you just dismiss employees and re-engage them if you want to change terms and conditions? A. You can, provided you have an ETO reason if the changes are related to the transfer B. No, the dismissal will be automatically unfair C. Yes, provided you carry out adequate consultation this will be fine 15. Do recognition agreements transfer under TUPE? A. Yes, but only if the transferee also has a recognition agreement with the same trade union B. Yes, but the transferee can give notice to terminate the agreement as one of its "measures" under TUPE C. Yes, for as long as the transferring employees remain a recognisable group after the transfer. If they are integrated into the new workforce, the recognition agreement falls away Time is Up! Time's up
