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 […]
How Long Is TUPE Valid For?
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 […]
HR1 Form for Redundancies
When making workforce redundancies, employers have to meet certain legal obligations, depending on factors such as the number of jobs that are at risk and the timeframe within which the redundancies will take place. In some cases, the employer may also be required to provide the Secretary of State advance notice of collective redundancies using […]
Collective Consultation for Redundancies
Making workers redundant can be fraught with legal pitfalls. Employers are under strict obligations to follow specific procedures including, where applicable, collective consultation with affected individuals. This is to help ensure that the redundancy process is fair, providing employee representatives and affected staff with the chance to have their say and make alternative suggestions. In […]
Redundancy Bumping Rules for Employers
Redundancy is a difficult process, requiring the employer to balance the needs of the business with handling the procedure lawfully and sensitively. Before embarking on a redundancy process, the employer is required to consider alternative options, including redundancy bumping. The following practical guide for employers, HR personnel or anyone responsible for the redundancy process looks […]
ETO TUPE & Making Workforce Changes
Under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, employees are afforded certain protections when their employment is transferred to a new employer. If your organisation is planning or has recently undertaken a business transfer, it will be important to understand how the law operates in this context, from the transaction itself and the […]
TUPE Transfer Checklist
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 […]
Restructuring and Redundancy (Employer Guide)
If a restructuring process could potentially involve redundancies, as the employer you will need to ensure you have given full consideration to the legal risks. In this guide, we look at the key legal issues for employers dealing with restructuring and redundancy, specifically in relation to consulting employees, employee entitlements and how to reduce the […]