TUPE – Transfer of Undertakings (Protection of Employment) Regulations 2006
The TUPE Regulations preserve your terms and conditions when the business or service you work for is being transferred to a new employer. You have the right for your terms and conditions to remain the same when you 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, you would be protected by TUPE against any changes for an indefinite period, and any changes which to new employer makes will be void.
However, you are 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 you are dismissed because of the transfer or in preparation for a transfer (or acquisition), this may amount to an automatically unfair dismissal.
If you have any queries regarding TUPE, please do not hesitate to contact us.