What is the law on TUPE?

What is the law on TUPE?

TUPE regulations protect your rights as an employee when you transfer to a new employer. A ‘TUPE transfer’ happens when: an organisation, or part of it, is transferred from one employer to another. a service is transferred to a new provider, for example when another company takes over the contract for office cleaning.

How long are you protected under TUPE?

The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

What is protected under TUPE?

The purpose of TUPE is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

When was TUPE amended?

2014
TUPE 2006 was amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.

When would TUPE not apply?

TUPE applies to public sector transfers if the transfer is from the public sector into the private sector or from one public authority to another. For example, from the NHS to a local authority. TUPE does not apply to transfers within the public sector where the employer does not change.

What are my rights if my company is taken over?

If the business is being taken over lock stock & barrel this will usually be a share acquisition i.e. the new company will simply buy the shares in yours. Although there will be new owners of the business, the identity of your employer will essentially stay the same, and your employment will continue as normal.

Can my new employer change my working hours under TUPE?

Your new employer cannot change your terms and conditions to harmonise them with their existing staff. But, if your employer can show that there is an Economic, Technical or Organisational reason to change your Terms and conditions, these changes may be allowed under TUPE.

What is not protected under TUPE?

Employees aren’t protected under TUPE if the contract is: for the supply of goods for the company’s use (eg a restaurant changing food suppliers) for a single event or short-term task (eg a catering company being used for a large corporate event)

Does TUPE only apply to UK employees?

TUPE protection TUPE applies to employees of businesses in the UK. The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK. The size of the business doesn’t matter.

Does TUPE apply to fixed term?

Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not. If you happen to have employees who are temporarily assigned to work in a different office or department within the business or for another organisation, this can complicate the situation.

Does TUPE apply to employees with less than 2 years service?

An employee must meet the minimum continuous service requirement to bring a claim for automatic unfair dismissal (ie at least two years) because of a TUPE transfer. This means that the dismissing employer can still be liable for unfair dismissal.

What are the TUPE regulations?

TUPE – a guide to the regulations Purpose. The TUPE Regulations preserve employees’ terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Transfers covered by the Regulations. Transfers not covered by the Regulations. Employer’s position in a transfer. Employees’ position in a transfer. Redundancy. Trade union recognition. Rep Action List.

What is Tupe law?

TUPE Regulations. The TUPE Regulations bring into UK law the terms of the European Acquired Rights Directive. The stated purpose of the European Directive was ‘to provide for the protection of employees in the event of a change of employer, in particular to ensure that their rights are safeguarded’.

When does Tupe apply?

In business transfers, the TUPE regulations apply if a business or part of a business moves to a new owner or merges with another business to make a brand new employer.In service provision transfers, TUPE regulations apply if a contractor takes over activities from a client (known as outsourcing),…