TUPE

TUPE is when a business is taken over, or radically changed. To protect employees, there are a number of guidelines that must be followed.

Please call us about your employment law matter on 01536 276300 or 01536 311690. We offer an initial fixed fee discussion at a cost of £150 + vat or use our online enquiry form.

Sadly we are unable to assist in contested employment disputes at this stage.

Introduction

TUPE applies when an undertaking, or part of it, is transferred from one employer (no matter what the size) to another where:

1. All or part of a sole trader’s business or partnership is sold or transferred

2. A company, or part of it, is bought or acquired by another

3. Two companies cease to exist and combine to form a third or

4. A contract to provide goods or services is transferred in circumstances which amount to the transfer of a business or undertaking to a new employer.

When a business is transferred to a new owner, the employees are entitled to certain rights. The regulations apply when there is a change in the employer and there must be a relevant transfer. This covered business transfers and service provision changes.

Effect Of A Relevant Transfer

Once a relevant transfer has been proven, there a process that must be followed. There must be an automatic transfer of contracts of employment. TUPE protects employee’s terms and conditions of employment if a business is transferred from one owner to another. Employees of the previous owner, automatically become employees of the new employer on the same terms and conditions.

An employee can object to the transfer of their employment contract. If this is done, then their employment is treated as terminated by operation of law and there is no dismissal.

If an employee is dismissed with the sole reason being the transfer or a reason connected to a transfer that is not an economic, technical or organisation reason then the dismissal is automatically unfair.

Consultation

There is a duty on both the original employer and new employer to consult with employees. This can either be elected employee representatives or representatives of a trade union. The obligation rises whenever a relevant transfer is planned. The employer must inform the representatives of:

– The fact that a transfer is taking place
– When it is approximately taking place
– The reasons for it taking place
-The legal, economic and social implications of the transfer
– The measures that will be taken for the employees.

Latest Employment Law Video
Micaila Williams – Employment Law – Seatons Solicitors

Latest Articles About Employment Law

Multinational Employers and TUPE Obligations – Tribunal Gives Guidance

Multinational companies frequently move their operations between countries – but how do to the Tupe regulations impact on their search for value?

Agency That Failed to Pay the National Minimum Wage Hit Hard In Pocket

Paying the National Minimum Wage (NMW) is a strict legal requirement and employers that fail to do so can be hit with punitive penalties.

Employment Law and Human Rights – The Debate Continues

The impact of the UK’s human rights obligations on employment law is still a subject of much debate almost 20 years after the advent of the Human Rights Act 1998.

Sacked Teacher For Time Off For Assault Wins Case

A school teacher who was on long term sick leave for a year after being assaulted by a pupil in her workplace was eventually dismissed by her employer. Now, the teacher has won the right to compensation after her unfair termination of employment.
Exact matches only
Search in title
Search in content
Search in excerpt
Search in comments
Filter by Custom Post Type
Posts
Pages
Why Use Seatons?
  • Practical sensible help and information
  • Fixed, competitive and affordable prices
  • We care about you and fight for you
  • Regulated by the Solicitors Regulation Authority
  • We can help resolve your issue quickly & easily