TUPE
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protect employees when a business or service transfers to a new employer. TUPE is designed to preserve employees’ rights and ensure continuity of employment during a transfer.
Issues often arise when employers fail to meet their obligations before, during, or after a TUPE transfer.
Common TUPE Issues
- Failure to Inform and Consult
Employers are required to inform and, where appropriate, consult affected employees or their representatives before a TUPE transfer. A failure to do so may result in legal claims. - Transfer-Related Dismissal
Dismissals connected to a TUPE transfer may be automatically unfair unless there is an economic, technical, or organisational reason involving changes in the workforce. - Changes to Terms and Conditions
Changes to employees’ terms and conditions are generally void if they are connected to a TUPE transfer. Disputes often arise where employers attempt to alter pay, hours, or benefits.
TUPE – FAQs
What does TUPE Protect?
TUPE protects employees’ jobs, continuity of employment, and existing terms and conditions when a business or service transfers to a new employer.
Does TUPE Apply to all Business Transfers?
TUPE may apply to business sales, outsourcing, insourcing, and service provision changes, depending on the circumstances.
Can an Employee be Dismissed because of a TUPE Transfer?
Dismissals connected to the transfer are usually automatically unfair unless a valid economic, technical, or organisational reason exists.
Can my Employer Change my Contract after a TUPE Transfer?
In most cases, changes linked to the transfer are not permitted and may be unenforceable.
What happens if my Employer Fails to Consult Under TUPE?
Employees may be entitled to compensation where there has been a failure to inform and consult properly.