Home » TUPE

TUPE

What is TUPE?

‚ÄòTUPE‚ A is the Transfer of Undertakings (Protection of Employment) Regulations 2006. They are regulations that are designed to protect employees and workers when the business or organisation they work for is taken over by someone else. This could be because the business has been bought by another business, or it could be because the part of the business you work for is outsourced to a different organisation. Another scenario where TUPE often applies is if a different business wins the contract you are working on.

What happens if TUPE applies?

If TUPE applies to the business, or part of the business, where you work, you should automatically become an employee of the business or organisation that has taken over ‚ A with all your terms and conditions of employment protected. The transfer doesn‚ A break your ‚Äòcontinuous service‚ A ‚ A so if you had worked for 3 years for the old employer, you are treated as having worked 3 years for the new employer. This is important for your employment rights that depend on length of service, including unfair dismissal and entitlement to a redundancy payment.

Before the transfer, your existing employer must pass over information about you to the new employer, at least 28 days before the transfer. You also need to be given certain information about the transfer to the new employer.

What if I am dismissed?

If you are dismissed because of the transfer (whether your old employer dismisses you before the transfer or your new employer does it afterwards), this will usually be found to be automatically unfair, unless your employer has particular business reasons (specified in the TUPE regulations) for the dismissal. There may be a redundancy situation following the transfer because the new employer ends up with too many people to provide the service. If there is a redundancy situation, your employer should consult with you.

Can my terms and conditions change?

Normally your terms and conditions of employment are protected indefinitely following the transfer against any change which is due to the fact of the transfer. Further on down the line, the new employer may have a different reason for seeking to change your terms and conditions ‚ A and of course may offer more favourable terms and conditions.

TUPE is one of the more complicated areas of employment law. If you are worried about a situation where your employment is transferring to another employer, you should seek legal advice.

https://www.truthlegal.com/wp-content/uploads/2019/09/TrustPilot.png

Fantastic Law Firm

Got some advice from Navya Shekhar on my TUPE situation at work as i wasn‚ A sure where i stood. Navya gave me some clear and fantastic advice which helped me clear my situation up. I‚ Ad happily recommend Truth Legal and Navya to anyone.

Rob Hayto

Read all reviews on TrustPilot ‚Üí

Speak to us about your case
Harrogate 01423 788 538
Leeds 0113 483 1200

Simply fill out a few details, a summary of your case and we’ll get in touch with you within 4 hours.

social

Share Post

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on email
Email
Share on print
Print

get in touch

We’re not like
other law firms

Ethically driven

Truth Legal was founded on the idea of putting ethics at the centre of legal services. 

Ethical working is at our core: in treating people fairly, being open and honest, and taking social responsibility. We sponsor a large section of woodland near Harrogate, planting a tree for every one of the clients we represent.

Real lawyers, real people

We believe a good lawyer shouldn’t just offer technical expertise, but a real understanding of what you’re going through and how best to help you. 

Above all, our team are dedicated to their clients – whether that is guiding them through legal complexities, securing compensation, or simply fighting for what’s right.

We won’t blind you with jargon – we give advice clearly. And when technical terms can’t be avoided we explain them in full.

Exceptional service

In contrast to some firms, we don’t overload our lawyers with cases. Our team provide clients with a more personal service, meaning we can dedicate the proper time to your matter.

Just read our client reviews to see what a difference this can make.

Fill out our quick online form with your details and we’ll come back to you

Consent(Required)

© 2022 Truth Legal Ltd is registered in England & Wales (08031477), VAT Registered (135 2552 31),
Authorised and Regulated by the Solicitors Regulation Authority (568741).

Website by browndog.agency