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This Checklist summarises the immigration issues to be considered on a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, and sets out the steps required when participating in a transaction. It additionally highlights the relevant Practice Notes and the associated Precedent materials for reference. Immigration requirements during any transaction where TUPE 2006 does not apply fall outside the scope of this Checklist and are not addressed here. For a general outline of TUPE 2006’s effect and requirements, see: TUPE and asset purchases—overview. Initial considerations and due diligence In any scenario that may fall within TUPE 2006, robust, immigration‑specific due diligence is essential, particularly where a transferor employs sponsored migrants within its workforce. Immigration matters should be addressed at the earliest stage so the parties can plan for and comply with necessary deadlines, etc. Initial enquiries about the immigration status of transferring employees should begin at the start of the transaction process, and care should be taken to...
Opportunity for financial institutions—enhanced processing and generation of data AI systems built on foundation models—deep learning models trained on extensive data—are able to process and analyse vast, highly unstructured information, covering text, computer code, voice and images, at scale and at speed. For financial institutions, potential applications, explored further below, include more efficient risk assessment alongside capital and liquidity planning, and can also support firms in aligning products more effectively with customers. Associated risk—data quality issues Foundation models tend to reflect the biases and mistakes embedded in the data used for training, so the outputs they generate are likewise susceptible to bias and error. A further issue concerns data privacy: whether input prompts that may contain firm‑specific material can remain confidential, and whether there is a possibility of information leakage. Opportunity for financial institutions—adaptability, flexibility, and scalability AI's general‑purpose base architecture can be fine‑tuned for specialised tasks, for example by training the model on specific data, tailored to the task at hand. This substantially enhances...
In this issue: EU fundamentals Banking and finance Commercial Competition and state aid Corporate Dispute resolution Financial services Energy Environment Insurance and reinsurance Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content Trackers EU fundamentals European Commission releases September 2025 infringement package The Commission has issued its September 2025 infringement package, detailing the EU Member States it is pursuing for non-compliance with obligations under EU law. This round includes formal notices sent to Belgium, Denmark, Germany, Estonia, Greece, Italy, Cyprus, Croatia, Poland, Slovakia, Sweden, Bulgaria, Spain, France, Latvia, Lithuania, the Netherlands, Austria, Portugal, Romania, Slovenia, Czechia, Finland, Luxembourg and Malta in relation to Directive (EU) 2024/1640 (the 6th Anti-Money Laundering Directive), Directive (EU) 2023/2864 (the ESAP Omnibus Directive), Implementing Directive (EU) 2024/325 on the marking of firearms, and Directive (EU) 2025/145 on plant health. See: LNB News 29/09/2025...
TUPE rules place rigorous duties and requirements on the transferor (the outgoing employer) and the transferee (the incoming employer). Our Employment Law & Benefits team outlines the core features of TUPE and offers practical guidance to support employers in remaining compliant. What you need to know the legislation regulating transfers of undertakings (TUPE) is intricate and creates multiple duties for both transferor and transferee transferors and transferees are required to carry out a statutory information and consultation exercise with representatives of their own affected employees the transferee is legally bound to accept the current staff of the business, or part of it, that is transferred upon transfer, the transferee assumes the linked liabilities and employment responsibilities of the transferor dismissals connected to the transfer are prohibited, save where the 'ETO Defence' applies Introduction The process of transferring undertakings is regulated by the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, commonly referred to as TUPE....
This Practice Note sets out the commercial and legal dimensions of transition in outsourcing arrangements. It distinguishes transition from transformation and outlines the core stages for moving services from an incumbent to a replacement supplier. It also highlights standard provisions commonly included in transition schedules to outsourcing contracts, covering creation of the transition plan, milestones and milestone credits (including earn‑back), rights of suspension, management and reporting. Transition is a pivotal phase of an outsourcing, during which specified business functions are handed over to the incoming provider... This Practice Note considers the following legal and commercial aspects of transition in outsourcing agreements: What is transition? Transition process Drafting the transition schedule Transition plan Milestones and milestone credits Right of suspension Management and reporting For an illustrative transition schedule, see Precedent: Transition schedule. For end‑of‑term transition matters, see Practice Note: IT outsourcing—transition and termination issues... What is transition? Transition is typically the initial phase following signature of...
Intellectual property rights (IPR) can frequently become flashpoints and areas of dispute in outsourcing contract discussions and negotiations. Questions typically centre on the ownership and the licensing of rights, and also on the warranties and indemnities that each party seeks from the other concerning their authority to supply IPR (or provide access to it). This Practice Note addresses the following: Is intellectual property core to the deal? Categories of IPR in outsourcing arrangements Background IPR Foreground IPR Open source software New technologies including artificial intelligence (AI) and robotic process automation (RPA) Warranties and indemnities Handling of IPR on exit For illustrative clauses on IPR in outsourcing, refer to clause 29 in Precedent: Outsourcing agreement—long form. For a template IPR indemnity clause, see Precedents: Third party intellectual property rights indemnity clause—pro-supplier and Third party intellectual property rights indemnity clause—pro-customer. Is intellectual property core to the deal? In some outsourcing projects, the creation and ownership of...
This page gathers pensions resources that cover key topics concerning EU law matters specifically. For general EU law information, consult EU structure, EU legislative process, EU judicial system, and EU rights and policies; these are found in the EU Law topic within the Public Law practice area for reference as well. Brexit Brexit and IP completion day—the implications for pensions [Archived] Business sales / TUPE transfers TUPE—an overview for pensions lawyers TUPE and Beckmann—the pensions exception How to deal with Beckmann liabilities on a...
Schedule—Benchmarking 1 Introduction 1.1 This Schedule sets out processes and protocols for benchmarking the Supplier’s services...
Agenda item Supporting materials (to be supplied before or after the meeting). Comment or action. 1. Purpose of the meeting and objectives Set out clearly what you require from the meeting and the reasons, e.g.: confirm that legal capacity aligns with the organisation’s requirements explore whether to outsource certain legal work or potentially curb expenditure on external counsel review past engagement and use of external legal advisers (providers, fees, calibre, etc.) gain clarity on the exact types and volumes of legal support the organisation will need in future [ Add your initials here ] 2. Strategy and projects: Ask: what alterations have occurred within the finance department during the last five years? which legal advisers supported those changes, who selected them, who appointed them, why they were chosen, who oversaw them, and which domains they advised on, e.g. legal, tax, etc.? are any changes or restructurings expected in the coming five...
This Agreement is entered into on [ date ]. Parties [ Customer ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] (Customer); and [ Supplier ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] (Supplier). Each of the Customer and the Supplier is a party; together, the Supplier and the Customer are the parties. BACKGROUND The Customer intends to delegate to the Supplier the delivery and oversight of its [ describe function ] services. At present, the Customer’s needs are met [ internally OR by an associated company ] [ by insert name of existing supplier ]. The Supplier has expertise in designing, developing and deploying [ describe function ] services and has accepted responsibility for delivering and managing the relevant elements of the Customer’s functions. The...
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, reg 4 Where a relevant transfer occurs under these provisions, there is a novation imposed by statute of the contracts of employment of the staff who transfer; the incoming employer stands in the place of the outgoing employer, and each employment contract continues after the transfer as if it had been originally concluded between the employee and the transferee throughout for all relevant legal purposes thereafter...