TUPE Transfers



If the company you work for is being sold or the work that you do is being contracted to another firm, it is likely that your employment will be protected by TUPE. The term TUPE is used when referring to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (you can see why we call it TUPE!), and you will often hear the phrase ‘TUPE Transfer’ used to describe this type of situation.

TUPE safeguards the interests of employees when a business is transferred from one owner to another. As an employee you cannot be dismissed simply because of a transfer, although you can be made redundant if the employer can show that there is an economic, technical or organisational reason for doing so.

TUPE also provides that your terms and conditions of employment must remain essentially the same after the transfer as they were before the new owner took over the business. This means that you will be entitled to the same salary, holidays, sick pay, notice period and any other benefits that you receive as part of your package.  Any years of service that you had with your previous employer will be automatically transferred to your new employer.

TUPE can be complicated and our specialist lawyers at Emplex will be happy to advise you on any TUPE issues. Please contact us on 01753 583 222 or e-mail: info@emplexlaw.com

 


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