TUPE Legal Advice

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) mean that if your employer’s business, part of their business, or the service provider you work for is transferred to another person or company, your rights as an employee must be protected.

TUPE also ensures that an employer engages in an information and consultation process in good time before the transfer.

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Expert TUPE Solicitors

If your employer’s business has recently changed hands or you don’t believe there was any or any sufficient TUPE consultation process, our employment solicitors can help. They are experienced in all areas of TUPE and employment rights law.

We understand that your situation is unique, which is why we take the time to understand your circumstances and offer clear and practical advice to help you achieve the best possible outcome.

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What are the TUPE Regulations?

The TUPE Regulations were brought into UK law as part of a European Directive, and still apply post-Brexit.

The regulations were created to provide protection for and safeguard the rights of employees in the event of a change of employer.

The Regulations try to achieve this by:

Creating protection from dismissal, where the dismissal is by reason of the transfer.
Providing a framework for protecting existing terms and conditions as the date of transfer.
Creating an obligation to inform and consult the workforce via employee representatives whenever there is a proposed transfer.

If you believe you have been dismissed because of a TUPE transfer, your terms and conditions are being attacked by a new employer or you feel there was no sufficient consultation process, you may be able to make a claim.

For more information, please contact one of our friendly employment rights solicitors.

Are You Protected by TUPE Regulations?

1) There is an undertaking or organised group of employees

The employee must be able to show that he or she is either:

Part of an “identifiable economic entity” which retains its identity after the transfer. In simple terms, this means you must be able to show that the business or organisation you work for retains much of the same functions and processes after the transfer.

Part of an organised group of employees whose activities aren’t substantially different after the transfer. Put simply, this means you must be able to prove that the requirements of your job role have not significantly changed after the transfer of employees.

It is the job of the employment tribunal to look at these facts and come to a conclusion about your case. It can often be difficult to predict what view a tribunal will take.

2) The employees must be assigned to the undertaking

The employee must also be able to show that they work within the part of the organisation that has transferred to a new employer i.e. they are assigned to that part. This might involve consideration of:

The terms and conditions of the employee’s employment and duties
The time spent in that part of the organisation
The monetary value they contribute to that unit of the organisation
How the employee is funded within the business

3) There is a transfer

Business sales are the most obvious transfers protected by TUPE. However, mergers, the granting of franchises, the movement of companies within a group, and the ‘contracting out’ of work, have all been considered as transfers.

TUPE also sets out specific conditions for ‘service provision changes’. There may be a service provision change:

Where the company you work for is sold or transferred to a new owner. This can include where two companies merge to form a new company or where one company takes over the business of another.
Where a service previously carried out by your employer is awarded to a contactor (also known as “outsourcing” or “contracting out”).
Where a service contract is assigned to a new contractor during a retendering process.
Where a service contract you are assigned to ends, and the service is taken back “in-house” by the client.