Your organisation has a duty to inform and consult with you or your representative (normally your trade union representative or elected representative if you are not in a union). If you don’t think you are being informed or consulted, let your employer know you need more information. 

 

In many organisational transfers, employee’s contracts are honoured and they retain their terms and conditions from the original employer. However, sometimes you are at risk of losing your job. You would be entitled to compensation for such a dismissal, usually in the form of a redundancy payment. If you are dismissed without compensation before or after the organisation has been transferred, you may have been unfairly dismissed and have a case. Or if your terms and conditions of employment have significantly and detrimentally changed resulting in you resigning, you may have a case for constructive dismissal. 

 

 

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) was brought in to make it simpler for the transfer of public or private organisations of all sizes to take place while still offering protection to employees. 

 

It sets out the processes which must be followed for you to receive the correct information about how the transfer of your employment from one organisation to another will affect you. 

 

The old employer (the transferor) and the new employer (the transferee) each have a role to play to ensure that TUPE regulations are applied correctly. 

TUPE will apply if you work for an organisation or part of an organisation that is sold to a new owner or is merged with another organisation to make a new employer. 

 

It also applies when your employer: