Is your employment contract being transferred to a different employer?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are in place to protect employee rights should an employer’s business or part of their business be transferred to another company or person.
TUPE is an extremely complex area of law, and in some circumstances, employees might not be protected. Matters can become even more complex if an employer seeks to outsource a certain function of their business, change a contractor, or bring a certain function back in-house (this is legally recognised as a “service provision change”). The TUPE regulations include a very specific set of rules which means that any of these actions would also create rights for employees and obligations for their current and future employer.
BTMK have a team of TUPE solicitors in Essex, and we have offices across the region and London. If your employment is currently being transferred to a new employer, we recommend you seek our assistance during the early stages and as quickly as you can. We will be able to provide legal advice and representation to help you. Please contact our employment team today by calling 03300 585 222 or by sending an email to [email protected].
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Our specialist team of employment solicitors will be able to tell you whether the TUPE regulations apply to your current employment situation. If they do, we’ll ensure that you fully understand what to expect and what your rights are throughout the process.
Our highly experienced TUPE solicitors will:
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As you are protected under the TUPE regulations, the transfer itself cannot be the reason for your dismissal. There are some circumstances in which you may be made redundant, however in order for the dismissal to be deemed “fair”, your employer will need to demonstrate that there was a fair reason for dismissal that aligns with the TUPE regulations (such as an economic, technical or organisation reason).
Under the TUPE regulations, you’ll maintain the same terms and conditions in your existing contract unless your new employer has better terms which you can choose to accept.
TUPE applies to all organisations regardless of their profits or the size of their workforce. This also applies to international businesses that operate in the UK. For example, if a business has its head office in Sydney, they’ll need to comply with TUPE in respect of its employees if their UK arm if the business transfers to a new owner.
You have a legal right to object to being transferred. However, if you do, this will be considered a resignation and your employment contract will terminate at the time of the transfer. As a result of objecting, you may not have any right to take action against your current or new employer unless you resigned as a result of a repudiatory breach of your employment contract.
Your employer is required to inform you of the transfer. However, in some circumstances your employer may also be required to consult with its employees or employee representatives. The law doesn’t define a minimum consultation period under the TUPE regulations. However, your employer is obliged to consult with you in good time ahead of a transfer and answer any pressing questions you may have.
Most rights arising out of an employment transfer will transfer over to your new employer. This includes your holiday entitlement set out in your existing contract. If you’ve accrued more holiday than you have taken at the date of transfer, your holiday will be carried over subject to your new employer’s agreement.
The provisions of an occupational pension scheme will not necessarily transfer over to your new employer. However, under TUPE regulations, your new employer has a duty to give you access to a pension scheme. For example, if you were to make regular contributions to a scheme, your new employer must match those contributions up to a maximum of 6%.
There’s certain exceptions to the TUPE regulations, and some types of business changes will not trigger their legal application. For example, there are some scenarios when a public sector organisation changes hands but remains in the public sector, which wouldn’t be protected under the TUPE regulations.
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