What is TUPE?

TUPE refers to the “Transfer of Undertakings (Protection of Employment) Regulations 2006”. This is the law which provides certain protections to employees when there is a transfer of a business (or part of a business).

The law also applies in outsourcing situations which are referred to as a “service provision change” e.g:

  • A service which is carried out in-house by an employer (e.g. cleaning, maintenance, IT etc.) is awarded to a contractor or
  • A service provided by a contractor ends and a new contractor carries out the service or
  • A service which a contractor carries out, goes back in-house to the employer.

When there is a transfer of a business (or part) or a service provision change, this is referred to as a TUPE transfer.

What rights do you have?

  • If you are allocated to the business or the service which is transferring, your contract of employment transfers to the new owner/service provider (known as the transferee).
  • The transferee should employ you on the same terms and conditions and can only make changes in certain circumstances.
  • You may decide that you do not wish to transfer to the new owner/service provider and you can resign before the TUPE transfer takes place. We would advise that you take legal advice before any resignation so that you are aware of your rights.
  • If you have at least two years’ continuous employment, you have enhanced protection against unfair dismissal. In order to determine whether any such dismissal (or redundancy) is unfair, we recommend that you seek legal advice.
  • Your employer is required to provide information to trade union or elected employee representatives before the TUPE transfer takes place. In some cases, this information can be provided directly to you. There is also a requirement to consult about any measures which will be taken in connection with the TUPE transfer.

If you would like to discuss a situation involving a TUPE transfer, please contact our Employment Solicitor, Julia Woodhouse on 024 7653 1532 or email Julia.Woodhouse@bttj.com.

Our solicitors work across the whole of the Coventry and Warwickshire region including Rugby, Nuneaton, Bedworth, Leamington Spa, Kenilworth, Warwick, Atherstone and Balsall Common as well as further afield.

 

The above is not intended to provide advice.