Transfer of Undertaking (Protection of Employees) Regulations (TUPE)
If the business you work for has been transferred to a new owner, or you have been affected by a change to the provision of services (for example when services are contracted out), then you may be protected by the Transfer of Undertaking (Protection of Employees) Regulations, commonly referred to as TUPE. We can advise you upon these regulations and how they affect you.
Some of the important points are as follows:
- on an individual level you should receive information about the impending transfer
- you and others may be consulted on a collective basis about the impending transfer
- following a TUPE transfer yours rights and obligations under your original employment contract remain the same (except in relation to some limited issues)
- any attempt by the new employer to vary your employment contract may be considered ‘void’ if the reason for that variation is due to the transfer itself or a reason connected with it. In limited circumstances the new employer may be entitled to vary the contract
- if you have with over one year’s service you may have a claim for automatic unfair dismissal if you are dismissed as a result of the transfer or a reason connected with it.
For a free, no obligation discussion, please call our employment team on 020 7420 7020 or enquiry@sethlovis.co.uk.