What is a TUPE letter?

What is a TUPE letter?

Well, typically a transferee will send a TUPE measures letter to the transferor. This will inform them of any measures you intend to take following the transfer. These measures should not be changed if there isn’t an ECO reason for doing so.

What should a TUPE measures letter include?

For the purposes of consultation, as the transferor, you must disclose in writing the following information to the appropriate representatives long enough in advance of the transfer to enable you to consult with them: (a) the fact the transfer will occur; (b) the proposed transfer date; (c) the reasons for the transfer …

Who is the transferee in TUPE?

In a TUPE situation which employer is the “transferee” and which the “transferor”? The seller of the business is the transferor, while the recipient is the transferee. In outsourcing, a client engaging a contractor will be the transferor and the contractor the transferee.

How does a TUPE transfer work?

TUPE stands for Transfer of Undertakings (Protection of Employment). 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.

What is the notice period for TUPE?

45 days
How much notice am I entitled to? The organisation needs to give you 45 days notice. However, some organisations will give more than this to enable employees to ask questions and attend meetings.

Who is eligible for TUPE?

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.

Can I be made redundant after TUPE?

If you’re made redundant after a TUPE transfer, your new employer is responsible for any redundancy pay. Your redundancy pay must be based on your length of service (‘period of continuous employment’). This includes the time you worked for your old employer before you transferred.

Who initiates TUPE?

employer
The employer who initiates the transfer is known as the ‘outgoing employer’ or ‘the transferor’, and under TUPE rules, they have an obligation to provide the new employer (also known as the transferee) with thorough employee liability information, and an obligation to inform staff of the TUPE transfer at the earliest …

Does TUPE automatically apply?

Your employer must change for TUPE to apply. You will automatically transfer to your new employer when the transfer happens.

Do TUPE rights expire?

Do TUPE rights expire? No, the majority of TUPE rights do not expire although as time goes on, it may be easier for the incoming employer to distance any changes to their employees’ terms of employment or redundancies from the transfer itself.

Can my new employer change my contract after TUPE?

After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.

Can you make someone redundant after TUPE?