When Does TUPE Not Apply?

when does tupe not apply

The law on transfers of undertakings is intended to support a relatively simple underlying purpose: to protect and preserve an employee’s rights if the business that employs them changes hands. The legislation itself, however, is notoriously complex and technical. It is therefore important, especially for the incoming employer, to understand when and why the statutory […]

TUPE Right to Work Checks (HR Guide)

tupe right to work checks

Immigration compliance is a commonly overlooked aspect of the TUPE transfer process. Among the demands of managing a complex transaction and workforce changes, employers remain under an obligation to ensure all workers are eligible to work, or the organisation risks enforcement action being taken against them. What are the rules relating to right to work […]

How Long Is TUPE Valid For?

how long does tupe protection last

TUPE  provides protection to employees in the event that the business they work for transfers to new ownership. In such a situation, the employees will effectively transfer over to the new organisation, too. In many cases, the incoming employer may want to make changes to the transferring employees’ terms of employment in order that all […]

Collective Bargaining (Employer Guidance)

The following guide examines the process of collective bargaining from an employer’s perspective, from the different types of collective bargaining and union recognition within the workplace, to how best to approach collective bargaining negotiations with a recognised trade union.   1. What is collective bargaining? Collective bargaining is the official process by which representatives of […]

Restructuring and Redundancy (Employer Guide)

How should an employer proceed if a restructuring process could potentially involve redundancies? A business restructure does not necessarily mean that redundancies are inevitable, for example, where changes are made for operational rather than for financial reasons. But in some cases, the loss of jobs may be unavoidable. In this guide, we look at the […]

TUPE Transfer Checklist

tupe transfer

The Transfer of Undertakings (Protection of Employment) regulations (TUPE) exist to protect employee rights when the business they work for changes owner. If your organisation is due to be partially or completely sold to another employer, or you are switching service providers in a manner that will involve transfer of employees, you have a statutory […]

Employees’ Relocation Rights: Guide for HR

employee relocation rights

8 minute read Last updated: 25th October 2019   Whether organisations are moving to bigger premises, for financial reasons or to be nearer to customers, the relocation process is invariably complex, carrying a number of risks and challenges for human resource teams. The priority should be retaining key personnel and maintaining a positive and productive […]

Redeployment Rights & Redundancy

Redeployment rights

During the redundancy process, one of the requirements on the employer is to explore all suitable alternatives to making someone redundant. This could include considering options to redeploy the worker to a different role or a different part of the organisation. This is, however, a complex area of the redundancy process, and employers must approach […]