HMRC has issued an update confirming that, with effect from 2 July 2018, where there has been a TUPE transfer of employees, all national minimum wage  liabilities, including the full penalty amount, will now be enforced against the transferee employer, including penalties triggered by pre-transfer arrears. This highlights the importance of transferees obtaining an indemnity from the transferor to cover these liabilities where possible.


Article tags

Key contacts

Samantha Brown photo

Samantha Brown

Managing Partner, Employment, Pensions and Incentives, UK and EMEA, London

Steve Bell photo

Steve Bell

Managing Partner, Employment, Industrial Relations and Safety, Asia and Australia, Melbourne

Emma Rohsler photo

Emma Rohsler

Partner, Head of Employment, Pensions and Incentives, EMEA, Paris

Fatim Jumabhoy photo

Fatim Jumabhoy

Partner, Head of Employment & Workplace Investigations, Asia, Singapore