Transfer of Undertakings
Sometimes a business will transfer some or all of its work to another company and this is likely to include the employees. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) safeguards employees’ rights when such a transfer happens. The law is complex but basically it states that:
- the contracts of employment of the business transferred, transfer to the acquiring business
- any change to those terms and conditions will be void
- any dismissal of those employees for a reason connected with the transfer will be automatically unfair
- both parties must consult with their own employees who may be affected by the transfer
It may not always be obvious that TUPE applies and it is therefore important that advice is sought before any transfer. At Hart Brown we can advise on issues such as:
- the practicalities of TUPE as they relate to the sale or purchase of a business
- outsourcing situations and how staff should be handled
- the consultation process
- changes to contracts of employment where allowed
Penalties for failure to comply with these obligations can be serious for the business transferring the work and for the business acquiring it. Employees will be entitled to bring unfair dismissal proceedings and they could be automatically unfair.
To speak to someone who can help with a Transfer of Undertakings or any other employment issue call, email or request a call back from one of our specialist lawyers.
Initial meeting £150 + VAT
Employment & Litigation
Fixed fee one hour initial consultation
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