TUPE Solicitors
Clear legal guidance when managing business transfers
Advice on the TUPE regulations
TUPE stands for Transfer of Undertakings (Protection of Employment). The TUPE Regulations apply where a business is:
- buying another business
- buying part of another business
- contracting out a service provided by a business, 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. They can be complex, but with our help, you can make sure that you don’t fall foul of the law.
What does TUPE cover?
When Transfer of Undertakings (Protection of Employment) law (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 the UK 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. They must not be engaged by the incoming party on less favourable terms. Affected employees must also be 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 and where do TUPE regulations apply?
As above, 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 also practice employment law for employees, so we can anticipate their concerns.
We’ll 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 regulations by making use of our Corporate Team.
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We offer bespoke retainer packages, tailored to your individual business needs.
We don’t believe that ‘one size fits all’ when it comes to ensuring you have the right support in place to grow your business. Our retainer packages are like having your own, specialist, in-house employment law experts at the end of the phone.
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When you're transferring employees, we work hard to ensure that your business is compliant with TUPE regulations.
