Explained to me in language I could understand
When a business changes hands it can be a worrying time for employees. The TUPE regulations are meant to assist but continues to be a source of confusion and complication.
If your employer’s business is transferring you may be worried that:
- you are not being kept up-to-date or consulted with
- changes are being made to your working practices or contract (before or after the transfer)
- you are being dismissed, forced to transfer, or stay behind, unfairly
- there is some confusion about your rights
When does TUPE apply?
TUPE is designed to ensure that employees working in a business that transfers are treated in a similar way to those working in a company that is sold.
TUPE applies where there is one of two types of "relevant transfer":
- A "business transfer" (usually a change of owner for part or all of a business);
- A change in service provider (for example engaging a contractor to do the work on its behalf, reassigning such a contract or bringing the work in-house).
Also see our TUPE transfers checklist.