The TUPE (Transfer of Undertakings (Protection of Employment)) Regulations apply where a business or part of a business moves to a new owner or merges with another business to make an entirely new business entity (“Business Transfer”). It can also apply where a contractor takes over activities from a client, a new contractor takes over activities from another contractor or where a client takes over activities from a contractor (“Service Provision Transfers”).
Where TUPE applies, employees of the outgoing employer transfer to the incoming employer taking with them their continuous service and enjoying (in the main) the same contractual terms and conditions upon which they were previously employed. They have the right not to be dismissed or suffer detriment as a result of the transfer.
There are numerous onerous obligations upon the incoming and outgoing employer including a requirement to inform and consult employees. A failure to comply with these requirements can leave an employer open to a claim by vexed employees. A failure to consult alone can result in an award being made to employees.
Whether you are an employer requiring advice upon how to comply with all the regulations surrounding a TUPE transfer or require assistance defending a Tribunal Claim or an employee who requires advice upon his or her rights in a TUPE situation or assistance with a making a Tribunal Claim our team can provide professional legal advice and quality representation.
Contact Steve or Sally to find out how they can assist you.
Kippen Campbell are a welcoming and friendly firm. From your first meeting, onwards you will be guided through the legal maze with a person centred, open, honest, frank and firm approach.