TUPE Solicitors

TUPE solicitors for your business

The TUPE Regulations apply where a business is buying another business or part of another business or where a service provided by a business is either being contracted out, or if already contracted out, being brought back in-house or is being contracted out to a new company.

TUPE regulations protect employees’ rights when they transfer to a new employer. TUPE stands for Transfer of Undertakings (Protection of Employment).

When TUPE applies, the continuity of service and terms and conditions of employment of transferring employees are maintained. This will include:

• Salaries
• holiday entitlement and sick pay entitlement
• any promises made to the employee
• any other terms of the employment contract.

The TUPE process can be complex and there may be financial penalties for not correctly observing the requirements. When done properly, the TUPE process can be both advantageous and simple for all parties. Our team has the expertise to ensure this is the case.

What is the aim of TUPE regulations?

TUPE regulations are designed to protect employees’ rights in business transfer and service provision transfer situations.

TUPE legislation ensures that employees affected by the TUPE transfer have their employment terms and conditions protected; an employee’s contract of employment moves with them, and they are not engaged by the incoming party on less favourable terms; and affected employees are consulted and informed about the transfer.

Employment disputes can arise and there can be grounds for employment tribunal claims if TUPE regulations are not complied with.

When do TUPE regulations apply?

TUPE regulations typically apply where there is a business transfer and the whole business or part of a business moves to another business, or where there is a service provision transfer, where a client engages a contractor to do work on its behalf, reassigning such a contract or bringing the work in-house.

For TUPE legislation to apply the business must be based in the UK but it is not necessary for the whole business to be UK based.

What rights do employees have if TUPE applies?

Employees have the following rights if TUPE applies:

• An employee’s continuous service with the old employer is preserved.
• The old employer must give the new employer information about the staff transferring, their contracts of employment, and any associated liabilities.
• The right to transfer automatically to the new employer on their existing terms and conditions of employment if they are in the undertaking or provide the services.
• Liabilities in respect of the employees who transfer such as unpaid wages or legal claims move across to the new employer.
• Whilst old age pensions under occupational pension schemes do not transfer, the new employer will still need to provide a minimum level of pension benefits.
• The employer must give specified information about the transfer in writing to elected employee representatives or affected employees.
• Provided they have two years’ service, employees dismissed because of a TUPE transfer will be automatically unfairly dismissed and will be able to claim unfair dismissal.

Why use Rothera Bray for TUPE?

Our team of specialist employment law and HR experts have experience of TUPE from both a buyer’s and seller’s perspective. We can work with you to help you navigate through the process and what’s involved.  We will also ensure that your TUPE process is compliant with the correct business transfer regulation.

Natalie Abbott has over a decade of experience advising businesses on employment law, helping them to navigate difficult situations and potential pitfalls whilst saving time and money in the process. Get in touch with Natalie by email n.abbott@rotherabray.co.uk or by phone on 03456 465 465.