What does it stand for?
TUPE refers to the “Transfer of Undertakings (Protection of Employment) Regulations 2006”. These regulations protect employees’ rights when the organisation or service they work for transfers to a new employer. The employees will automatically transfer to the incoming employer.
When does it apply?
TUPE applies when:
A business transfers from one employer to another, including mergers
A service provision changes meaning:
A service provided in-house (e.g. cleaning or catering) is awarded to a contractor OR
A contract ends and is given to a new contractor OR
A contract ends and the work is transferred in-house by the former customer.
1. All terms and conditions of employment as stated in the employee’s employment contract.
2. Any collective agreements previously made.
3. Any failures of the previous employer to observe employees’ rights.
4. The right to take a claim to an Employment Tribunal due to unfair dismissal or redundancy.
What consultation needs to take place?
Before the transfer happens, employers should consult with employees regarding:
1. That the transfer is happening, when it’s happening and why
2. That the transfer will affect them
3. Whether there will be a reorganisation
4. How many agency workers they are using and what work they are doing
What information needs to be provided to the new employer?
The following information needs to be provided for each employee, 4 weeks before the transfer takes place:
1. Name and age
2. Main details of employment
Disciplinary action taken, or grievances raised, in the last 2 years
3. Legal action taken by employees in the last 2 years, or potential legal action that may take place.