IF THE BUSINESS YOU WORK FOR IS SOLD (TUPE)
We can help you
Understand your rights before, during and after a transfer
Get peace of mind that you are being treated fairly
Challenge your employer if they are not meeting their obligations
WHAT IS TUPE?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE – pronounced two pea) sets out the processes which must be followed when organisations are transferred. It applies to businesses based in the UK and protects employees, and in some circumstances workers.
TUPE sets out the duties of both the old and new employers, as well as the information you are entitled to. The protections apply if the organisation, or part of the organisation, you work for:
is sold to a new owner
is merged with another organisation
brings in a contractor who takes over employee activities (out-sourcing)
replaces an existing contractor with a new contractor
is a contractor, and a client takes over activities (often called in-sourcing)
You may also be affected by TUPE if you aren’t being transferred, but other employees are transferred to a new employer or into the company you work for.
If you aren’t sure whether you are protected by TUPE, get in touch for advice.
WHAT ARE MY RIGHTS DURING THE TUPE TRANSFER PROCESS?
Your employer must consult with a recognised trade union or elected staff representatives and, to an extent, individuals. They must give you information about the transfer and why it is happening, before the transfer takes place. There is no fixed time to consult, but it must be long enough before the proposed transfer to explain and discuss the changes.
If you are transferring to a new employer, you must be informed of any changes the new employer plans to make.
If other employees are being transferred in or out of your workplace, but you are not, your employer will need to consult with you about the effects of the changes. This could include issues such as the work location and the hours you work. They must consider your feedback when making decisions but are not bound by your suggestions.
If your employer has failed to properly inform and consult with you, you might be able to make a legal claim for compensation.
WHAT ARE MY RIGHTS UNDER MY NEW EMPLOYER?
Your current terms and conditions and length of service will transfer to your new employer. If your new employer does not meet the terms of your contract with your previous employer, you could have a legal claim for breach of contract.
Your employer may only make changes relating to the transfer if they improve your terms and conditions, or if there is an economic, technical or organisational reason. This protection applies throughout your employment, no matter how long after the transfer. Changes not relating to the transfer may be made by agreement, like all employment contracts. You do not have an automatic right to the same terms and conditions as employees already working for your new employer.
If you are dismissed without compensation before or after the organisation has been transferred, you may have been unfairly dismissed.
We can help you to understand your rights and whether your employer has breached your contract.
WHAT IF MY EMPLOYER MAKES ME REDUNDANT AFTER THE TRANSFER?
If your new employer needs to make redundancies, you have the same rights as usual, and your employer must follow a normal redundancy process. If the redundancies relate to the transfer, your employer must also have an economic, technical, or organisational need for the redundancies.
You may not be made redundant before the transfer, but consultation may begin if both your old and new employers agree. Your employer must not treat transferred staff differently to pre-existing staff.
If you are made redundant, your service for the previous employer must be counted when calculating your redundancy pay. Your new employer will also need to honour any enhanced redundancy payment in your existing contract.
WHAT IF I DON'T WANT TO WORK FOR THE NEW EMPLOYER AFTER TUPE?
If you refuse to transfer you will be treated as resigning and will not be able to claim redundancy pay or unfair dismissal. However, if you resign because of significant detrimental changes to your terms and conditions of employment, you may have a case for constructive dismissal.
GET IN TOUCH
If you think you are affected by TUPE, get in touch for advice on your rights, whether your employer has met them, and how we can support you in a claim.
GET IN TOUCH
Do you have a legal matter you'd like to discuss with us? 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.
Address: Spencer Shaw Solicitors Limited
St Mary's House, 68 Harborne Park Road,
Harborne, Birmingham, B17 0DH
Opening hours:
Monday - Friday 9:00AM - 5:00PM
Saturday, Sunday & Bank Holidays - Closed
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