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).
If you would like further information, please contact Reena Sharma or Stacey Edgley at our Farnborough office or Mel McCrum at our Ash Vale office. They are all members of the Employment Lawyers Association.
Also see our TUPE transfers checklist.