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Liability Risk and Insurance

TUPE Regulations and Equal Pay Act 1970

An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of regulation 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to sections 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.

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