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TUPE

TUPE – Transfer of Undertakings (Protection of Employment) Regulations 2006

The TUPE Regulations preserve employees’ terms and conditions when the business or service they work for is being transferred to a new employer, either following a sale of the business or the outsourcing or retendering of a service (such as cleaning or catering). An employee has the right for their terms and conditions to remain the same when they are transferred.

The TUPE regulations apply where there is a ‘relevant transfer’. This can happen in two situations: business transfers and service provision changes.

After the transfer of the service or business, if the new employer wishes to change any terms or conditions to employees’ contract, an employee may be protected by TUPE against any changes for an indefinite period, and any changes which to new employer makes may be void.

However, an employee is only protected under TUPE if the changes the new employer wishes to make are related to the transfer of business’ ownership.

In certain circumstances, if an employee is dismissed because of the transfer or in preparation for a transfer, this may amount to an automatically unfair dismissal.

How we can help

TUPE is very complicated, and we regularly provide bespoke advice on its applicability in different transactions for companies. We can help a company to identify the transferring employees, and assist the company in communicating about the transfer, as well as providing strategic advice on possible restructures or reorganisations.

If you are an employee who is being subject to a TUPE transfer and you are unsure about its applicability, get in touch and we can conduct a free initial consultation on this process.

If you think Thrive Law can assist you further, get in touch today at enquiries@thrivelaw.co.uk

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