What is TUPE?
TUPE is short for the Transfer of Undertakings (Protection of Employment) Regulations.
What does it do?
It preserves and protects employees’ rights when the ownership of a business changes or contracts are lost to a new service provider.
In practical terms this means that employees continue to be employed and the new owner steps into the shoes of the old employer.
TUPE makes it unlawful for employers to dismiss employees because of the transfer or to change their terms and conditions for the worse in most (but not all) cases.
When will it apply?
The typical case of a TUPE transfer is the sale of a business to a new owner but TUPE can also apply when a service being provided by one employer is taken over by a new provider. This includes where services are contracted out by local authorities and others or taken back in-house.
The right to be consulted about the transfer
There are strict rules requiring employers to consult staff and their unions/elected representatives when TUPE arises. A failure to follow these rules entitles staff to compensation.
Our employment lawyers have substantial experience of advising and representing clients in this complex area of law.
If you think TUPE may apply to you and are unclear about your rights or worried about a threatened dismissal or change to your terms, you can telephone our employment team direct on 020 7653 3222 or email us firstname.lastname@example.org.