TUPE for Employees

TUPE regulations offer employees certain protections if their employment is being transferred to a new employer.

Take advice to ensure your rights are protected.

TUPE for Employees

Transferring employment under TUPE can be a hugely concerning time for employees, even in scenarios which may appear straightforward. 

TUPE is not optional for employers where the type of transfer fits the criteria under the regulations. If your employer fails to meet these standards, and you are subject to an unfair or discriminatory process, you may have grounds to bring a tribunal claim.

Under the regulations, your contract of employment, with all its rights and obligations, should be preserved when transferred to the new, incoming employer.

For employees affected by a TUPE transfer, and potential changes to employment terms, it will be important to understand your rights early in the transfer process.

TUPE for Employees: What you need to know

TUPE is a highly complex piece of legislation and TUPE transfers are a common cause for employment tribunal claims. 

Both the outgoing and incoming employer are under duties to follow the correct legal procedures throughout the TUPE process, including consulting with affected employees, and through any related dismissal or redundancy processes.

If you are dismissed on account of the transfer, you may be able to claim automatically unfair dismissal.

While employers are generally not allowed to change transferring employees’ contract terms and conditions – including pay – as a result of the transfer, they may be able to make changes, including redundancies, if they can show certain exemptions apply.

We can help

DavidsonMorris’ employment lawyers are here to help employees concerned about the implications of TUPE on their employment rights and status.

Where your employer is looking to make changes to your employment contract or terms, take advice as soon as you can. 

Whether you are facing a potential pay reduction, redundancy situation or any change affecting your working conditions and contractual entitlements relating to a TUPE transfer, we can help. 

We can scrutinise your employer’s reasons and justification for taking action and can identify issues or areas for challenge.

We can help protect and uphold your rights during and after the transfer to ensure your current terms and conditions of employment are maintained and you are not treated any less favourably as a result of the transfer.

Timing will be critical. Whether you want to object to the transfer, negotiate new terms or negotiate an exit on terms favourable to you, we will provide guidance on next steps.

You may also have an existing workplace complaint or dispute, and are concerned about how this will be impacted by the transfer. All employment liabilities under statute and under contract pass to your new employer, and we can advise on how to ensure your rights continue to be enforced.

We can also advise on any concerns you may have about continuity of service, redundancy payments, both statutory and contractual, arrears of pay and accrual of holiday entitlement relating to a TUPE transfer. 

 

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