Transfer of Undertakings


TUPE Regulations

The mnemonic TUPE stands for, Transfer of Undertakings (Protection of Employment), Regulations 2006 (TUPE 2006).

The legislation protects employees when a business transfers to a new owner.

The new owner will takes on the contractual obligations of the employees that are transferred.

TUPE regulations mean employees shouldn’t lose their existing employment rights.

The TUPE regulations require both outgoing and incoming employers to inform and consult with trade union officials or representatives with regard to the transfer.

However businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place. There will be a requirement for the employer to consult with the employees.

Both employers should consult with:

  • Employees who are to be transferred, and
  • Employees who will not transfer but whose job may be affected.

LINK 2 ADVOCATES will provide guidance and support throughout the consultation process.

The contractual obligations include the following;

  • all the previous terms and conditions of employment;
  • any failures of the previous employer to observe employees’ rights (so employees could make a claim for discrimination against the new employer, even if it took place before the transfer);
  • Holiday entitlement;
  • period of  continuous employment;
  • any collective agreements previously made;

If there is a change to the employee’s working conditions due to the transfer and they would suffer detriments they are entitled to object to the transfer, or resign and claim unfair dismissal.

LINK 2 ADVOCATES will provide guidance and advice with regard to the transfer of employees before the actual transfer.

LINK 2 ADVOCATES will advise employees with regard to ‘economic, technical or organisational reasons,’ that will allow a change to an employees terms and conditions of employment after the transfer.

LINK 2 ADVOCATES will advise with regard to collective agreements and when they apply in relation to a transfer.

LINK 2 ADVOCATES will advise on pension rights and what happens after the transfer.

LINK 2 ADVOCATES provide guidance with regard to Service provision changes.

LINK 2 ADVOCATES believe that from experience, TUPE Transfers require emotional support   is essential within working environments. In this sense when applied to employment law issues, it involves listening, supporting, encouraging and befriending. 

 

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