The Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) can arise where an organisation – or part of an organisation – transfers from one owner to another. It can also arise where an organisation ‘outsources’ part of its business to a third party, decides to transfer the outsourced services from one contractor to another or decides to bring outsourced services back ‘in-house’.
When TUPE applies, the law provides protection against dismissal, and your employment will usually automatically transfer from the ‘old’ employer to the ‘new’. With very few exceptions, you will also be legally entitled to retain your existing terms and conditions.
In addition, both your ‘old’ and ‘new’ employers have a legal obligation to provide you with information, and, in some circumstances to consult with you in relation to the TUPE transfer.
We can provide expert advice whether you have been dismissed, had your terms and conditions changed, or not been provided with information or consulted, in relation to a TUPE transfer.
We can also assist by helping negotiate with your employer, or in some cases by providing advice and/or representation on Employment Tribunal claims.
The law on TUPE is particularly complex. We will demystify TUPE for you, assessing your position promptly before setting out the options available to you.