TUPE - Transfer of Business
Employment law is complex and ever-changing. It can be difficult to keep on top of the rules and regulations which govern the relationship between an organisation and its staff. Our specialist employment department acts for many employers advising on a range of issues including policies and procedures, drafting contracts, and representing employers in the courts and tribunals. Transfer of Undertakings (Protection of Employees) Regulations (TUPE)
If you are selling or buying a business, the Transfer of Undertakings (Protection of Employees) Regulations (TUPE) may apply. These afford employees certain protections. If an employer contracts out services then, similarly, TUPE may apply.
Here are some of the salient points:
- An employer should inform its employees about the impending transfer
- Following a TUPE transfer, the rights and obligations of employees generally remain the same as under their original contract
- Any attempt by the new employer to vary an employees' employment contract may be considered 'void' if the reason for that variation is the transfer itself or a reason connected with it. There are limited circumstances when the new employer may vary the contract
- If an employee with over one year’s service is dismissed as a result of the transfer or a reason connected with it, he or she may have a claim for automatic unfair dismissal
It is important to seek advice upon this complicated area of law.
To discuss TUPE regulations, please contact our Employment Department on 020 7240 9450 or enquiry@sethlovis.co.uk.