TUPE Solicitor
If you are an employee facing a business transfer or a change of employer, it’s essential to be aware of the Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE. These laws are designed to safeguard your rights and working conditions during the transfer process.
What is TUPE?
The Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended in 2014, protect employees’ rights when a business or part of a business they work for is transferred to a new employer. TUPE laws ensure that your employment terms and conditions remain largely unchanged during and after the transfer, and that you are not unfairly dismissed due to the transfer itself.
When Does TUPE Apply?
TUPE laws apply in two main situations:
- Business Transfer: When a business or part of a business is sold, merged, or transferred to a new owner.
- Service Provision Change: When a service provided by one organisation is taken over by another organisation, or when the client changes the contractor responsible for providing the service.
Key Protections Under TUPE:
As an employee, TUPE laws grant you certain key protections during a transfer:
- Automatic Transfer of Employment: Your employment automatically transfers to the new employer on the same terms and conditions as before, and your continuity of service is maintained.
- Protection Against Unfair Dismissal: You cannot be dismissed solely due to the transfer itself. Any dismissal related to the transfer could be considered automatically unfair.
- Information and Consultation: Both the current employer and the new employer must inform and consult with representatives of affected employees about the transfer’s implications.
Changes in Employment Terms:
While TUPE aims to maintain your terms and conditions of employment, it’s important to note that some changes may occur. However, the changes must be for an economic, technical, or organisational (ETO) reason entailing changes in the workforce, and your employer must consult with you or your representatives before implementing any ETO-related changes.
Redundancy during a TUPE Transfer:
Redundancy may occur during a TUPE transfer, but your employer must follow proper redundancy procedures, and redundancy should not be solely due to the transfer itself unless it amounts to an ETO.
How We Can Help You With A TUPE Transfer
We have extensive experience of advising on TUPE transfers and can provide you with comprehensive advice on your options, including any tribunal claims you may have against your employer, including claims for a failure to inform and consult and automatic unfair dismissal. We can also help you to negotiate a favourable severance payment.
Free, No-Obligation Telephone Consultation
We will always offer you a FREE, no-obligation telephone consultation followed by a reduced fixed fee meeting to give you comprehensive advice and support on your employment issues.
Flexible Contact Options
We can advise you either by telephone or at a face-to-face meeting at one of our offices in Kent: Ashford, Canterbury or Maidstone. We also offer out-of-hours and weekend appointments to help you to obtain early advice and support.
Read our success stories in Client Testimonials.
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Make A Free TUPE Enquiry Now.
Please contact Henry Doswell on 01233 722942, complete a Free Online Enquiry or email him at info@doswell-law.com for an initial no-obligation discussion.