TUPE Regulations

TUPE Regulations for Employers

There are three concepts to TUPE:

  1. The automatic transfer principle: employees transfer to the buyer who inherits all rights, liabilities and obligations in relation to them
  2. Protection against dismissal in connection with a TUPE transfer
  3. The obligation to inform and consult with representatives of the affected employees

TUPE applies to a “relevant transfer”, which means:

“I find Paul very good, very helpful. He got us through some tricky situations.” – Mr S L, Operations Director T & M Ltd

A transfer of a business or part of a business where there is a transfer of an economic entity that retains its identity. This involves three elements:

  1. An economic entity
  2. A transfer of that economic entity; and
  3. The economic entity retaining its identity following the transfer.

TUPE also applies to a client, having engaged a contractor to do work on its behalf, reassigning that contract to another contractor or bringing the work “in-house” (this is referred to as a service provision change). This can, therefore, encompass an initial (or first generation) outsourcing, a subsequent (or second generation) outsourcing or an in-sourcing. However, the supply of goods and “one-off buying-in of services” are excluded.

TUPE does not apply to a transfer of shares.

If you are in any doubt as to whether TUPE applies you should seek specialist advice. If it does apply and  you do not follow the proper process, you could be exposed to expensive litigation.

For Employees

“You are a gem, an absolute delight. I cannot thank you enough.” – Mrs H K, Slough

If the business in which you are employed is sold or if you work for a service provider and the contract goes to some other company, your job may well be protected. This is governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006. You are generally entitled to keep your job with all of your terms and conditions protected. If you are dismissed for a reason connected to the transfer of your employer, you will have a claim for unfair dismissal, unless the reason is an economic, technical or organisational reasons entailing changes in the workforce.

Your current and prospective employers are under an obligation to consult with you (or your representatives) over the proposed transfer. If they fail to do this you could be entitled to an award of 13 weeks’ pay. There are strict time limits for lodging this type of claim and you should take advice as soon as you can.

Just Employment Offices

Guildford

St Mary’s Chambers,
59 Quarry Street,
Guildford, Surrey
GU1 3UA

Tel: 01483 303 636

London

1 Hinde Street,
London,
W1U 2AY


Tel: 0203 326 5000

Brighton

The Brighton Forum
95 Ditchling Road
Brighton, East Sussex
BN1 4ST

Tel: 01273 020 796

Wokingham, Reading

2 The Courtyard,
Denmark Street,
Wokingham, Berkshire,
RG40 2AZ

Tel: 01189 639 328