When a business changes hands, its employees are protected under the Transfer of Undertakings (Protection of Employment) Regulations, known as ‘TUPE’. This legislation applies to employees of businesses in the UK, regardless of their size, to ensure continuity of employment rights and status.
Under TUPE, a new employer takes over existing employees’ employment contracts, including:
- All the previous terms and conditions of employment.
- Any failures of the previous employer to observe employees’ rights (including any claims made against them).
- Holiday entitlement.
- Period of continuous employment.
- Any collective agreements previously made.
It’s a breach of contract if a new employer does not meet the terms of the existing employment contract. Any subsequent changes to a contract can be agreed upon by the new employer after a TUPE transfer by following the usual process.
If you are looking for advice and guidance on employment law and want to discuss your next steps, please call Berlad Graham LLP today on 0330 175 5655.
Employment Law Specialist Near Me
The TUPE Regulations were first passed in 1981, overhauled in 2006, and subject to further amendment in 2014. TUPE is a complex piece of legislation that can be difficult to disentangle and can throw up several legal issues for employers and employees alike.
Your rights are protected under TUPE if both of the following apply:
- You’re legally classed as an employee; and
- The part of the company that’s changing hands is in the UK.
If your company has recently changed ownership and you have a question about your contract or new working conditions, our experienced employment lawyers can help. To speak to one of our TUPE specialists, please get in touch by calling us on 0330 175 5655 or contact us via email at firstname.lastname@example.org.
TUPE Legal Advice
There are two types of transfer protected under TUPE:
- Business transfers. This is when a business or part of a business changes owners. It can include a merger where companies combine. To be protected under TUPE, the identity of the employer must change.
- Service provision changes. This is when the contract for a service being provided ends or changes hands. Only the employees who can be identified as providing the service being transferred are protected.
TUPE protects employee legal rights, and employers must follow the correct procedures to consult and inform you ahead of a change in ownership to avoid falling foul of the law. Your employer must tell you about a TUPE transfer and give you the name of your new employer. If this has not happened, your employer might have breached TUPE regulations, and you may be able to claim at an Employment Tribunal.
To find out more, please get in touch with our employment lawyers today. You can reach us on 0330 175 5655 or fill in the online form, and we will get back to you.
Employment Tribunal Legal Representation
Employees who believe that their terms and conditions of employment have changed for the worse following a company takeover, merger or change in ownership have the right to terminate their employment and bring a claim of unfair dismissal. There are often strict time limits under employment law, and claims under TUPE are generally required to be brought within three months of the date of the transfer or from the date the contested action occurred.
If successful, an Employment Tribunal might order that an employee be reinstated, redeployed within the organisation in another role, or order your employer to pay compensation.
Employment Solicitors Uxbridge
To speak to our friendly, experienced, professional employment lawyers in Uxbridge today, please call 0330 175 5655 or email email@example.com.