Transfer Of Undertakings

TUPE regulations protect the terms and conditions of your employment, where a business is being transferred. We can explain what TUPE means for you as an employee, and whether your rights have been infringed.

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The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protect employees’ rights when there is a “relevant transfer” of the business for which they work. This usually occurs when there is a merger or the business is acquired by another entity. It also applies to certain outsourcing situations.

Under TUPE, an employee of the outgoing employer automatically becomes an employee under the incoming company. Your conditions of employment are protected, meaning they must remain the same, if you want them to.

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Can my terms of employment change?

TUPE regulations protect the terms and conditions of your employment, where a business (or part of a business) is transferred.

Understandably, you won’t want to agree to less favourable terms, just because there has been a change in ownership. So, if the conditions of your employment state that you do not have to work on Sundays, then this right should be protected. You do not have to accept new terms that would be to your detriment.

If the incoming employer does want to change the conditions of your employment, then you must be consulted first. This might relate to changes in your pay, working hours, holiday entitlement or other terms. If these terms are less favourable than your current terms, we recommend that you get expert legal advice. If you are protected under TUPE, then you do not have to consent.

The incoming employer cannot proceed to make any changes without your agreement, aside in limited circumstances. If these exceptions do not apply, and your terms and conditions of employment have changed as a consequence of a TUPE transfer, then your rights may have been infringed.

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Can I be dismissed?

You may also be concerned that the incoming employer will make you redundant or dismiss you, especially if you refuse to agree to a change in the terms of your employment. You cannot be dismissed unless the employer has a valid economic, technical or organisational reason. Any redundancies must also be lawful.

Speak to our employment law solicitors

Whether or not TUPE applies can be a complex and nuanced situation. Our dedicated employment law solicitors can advise on your specific circumstances. We’ll say whether you are protected under TUPE regulations, and whether the right to a consultation has been met.

We can also help if your terms and conditions of employment have changed as a consequence of a TUPE transfer, or if you might have been dismissed without a valid economic, technical or organisational reason. We will determine if the incoming employer’s actions were lawful. If not, we will work to uphold your employment rights and seek an appropriate remedy.

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