Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Dismissal definition

What does Dismissal mean? Dismissal describes the termination of employment by the employer. In practice it covers termination with notice, summary termination for alleged gross misconduct, expiry and non-renewal of a fixed-term contract, and resignations treated at law as constructive dismissal. In England & Wales and Scotland, the Employment Rights Act 1996 defines when an employee is dismissed for unfair dismissal purposes; the Employment Rights (Northern Ireland) Order 1996 contains materially similar provisions. In Ireland, the Unfair Dismissals Acts 1977–2015 define dismissal, including constructive dismissal. The classification of an exit as a dismissal determines available statutory and contractual claims, including unfair dismissal, wrongful...

Asset purchases under TUPE: employment warranties, disclosure, indemnities and drafting issues (England, Wales and Scotland)

Published by a LexisNexis Employment expert

Practice notes

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Where the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006), SI 2006/246, apply to the purchase of a business (or part of a business) and its assets, TUPE 2006 operates to pass the contracts of the relevant employees to the purchaser.

TUPE 2006 also confers particular safeguards for employees regarding Dismissal and alterations to terms and conditions, imposes duties to inform and consult about the transfer, and requires the seller to provide specified employee liability information to the buyer. For further detail, see:

TUPE and asset purchases-overview.
Practice Note: Share purchases-employment warranties, disclosure and indemnities.
Practice Notes: Asset purchases-employment due diligence issues acting for the buyer and Asset purchases-employment due diligence issues acting for the seller.

Relationship between due diligence, warranties, disclosure and indemnities

The buyer’s starting position in any asset acquisition is the maxim caveat emptor (let the buyer beware). As the seller is under no duty to disclose to...

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Web page updated on 28/05/2026

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