What happens if the business you work for is sold? 

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) explained in brief. 

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. 

Two reasons why TUPE may apply to you. 

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: 
 
Brings in a contractor who takes over activities normally completed by employees, usually known as out-sourcing. 
Replaces a contractor to take over activities from an existing contractor. 
Is a contractor whose client takes over activities from your employer, often called in-sourcing. 

Make an enquiry now 

We take your privacy seriously and will only use the information you provide on this contact form to deal with your enquiry. Please see our Client Privacy Policy for more detail. 

Get in touch 

Do you have a legal matter you'd like to discuss with us? Whether you're an employer or employee we'd love to hear from you. Get in touch using the details below or use the form here and a member of our team will be in touch to discuss your enquiry. 
Phone: 0121 452 5130 
Address: Spencer Shaw Solicitors Limited 
Vancouver House, 111 Hagley Road, Edgbaston, Birmingham B16 8LB 
Opening hours:  
Monday - Friday 9:00AM - 5:00PM 
Saturday, Sunday & Bank Holidays - Closed 
 
We take your privacy seriously and will only use the information you provide on this contact form to deal with your enquiry. Please see our Client Privacy Policy for more detail. 
Our site uses cookies. For more information, see our cookie policy. Accept cookies and close
Reject cookies Manage settings