Businesses involved in a ‘service provision change’ under TUPE, such as where a client replaces one contractor with another, should consider whether workers – as well as employees from the first contractor - are protected by the TUPE rules, so that the second contractor must take them on and preserve their existing employment rights.
Transfer of Undertakings (TUPE)
Find out more about TUPE with our selection of articles, books and best practice guides.
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Employers should not dismiss employees close to a TUPE transfer without taking specialist legal advice, or risk the dismissal being found automatically unfair.
Case law: Employer cannot dismiss employee if the employee then loses benefits under long-term disability benefits plan
Employers should beware dismissing an employee who would then lose their rights under a long-term disability benefits plan on dismissal, following a recent ruling that a dismissal in those circumstances was unfair.
Case law: New employer may be able to dismiss employees transferring under TUPE if their place of work changes
Employers taking on employees under TUPE rules could dismiss them if their existing terms of employment require them to work in one location, but the new employer requires them to work from another location where the local terms of employment are quite different, but the employees refuse to agree to those terms
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Handling organizational change
This chapter looks at organizational change and includes sections on: Changes in responsibilities; Changes to processes and procedures; Obtaining commitment to change; Relocation; and business transfers (Transfer of Undertakings [Protection of employment] Regulations or TUPE).
Rights of employees
These sections of the chapter on employment looks at the following aspects: The national minimum wage; The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); Working Time Regulations 1998; authorised deductions from wages; time off work.
Acas guidanceAdvice, guidance and practical resources on a wide variety of recruitment topics for both employers and employees, produced by the Advisory, Conciliation and Arbitration Service, Acas. Acas is the employment relations service for England, Scotland and Wales offering practical, independent and impartial advice to employers, employees and their representatives.
Acas advice on Transfer of Undertakings (Protection of Employment) Regulations (TUPE), which protect employees’ rights.
It'll cost you...
The article offers advice on legislation related to human resources (HR) compliance in Great Britain. Topics include dealing with discrimination law, the Transfer of Undertakings (Protection of Employment Regulations (TUPE) related to service provision, and flexible working regulations. Also noted are employment law related to religion, shared parental leave (SPL) regulations, and the need for written records of employee discipline and grievance procedures..
TUPE: Protecting employers' interests with post-termination restrictions
What are an employer's rights when a TUPE transfer takes place, especially in relation to the protection of confidential information?
HRs worst nightmare unravelled
The article looks at the challenges and problems facing human resources professionals in relation to complying with the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 in Great Britain. Topics covered include the financial liabilities of companies for failing to inform employees about a transfer of business, the protection that awaits employees in cases of insolvency, and the hurdles to a successful TUPE transfer.
Government guidance on the circumstances that employees may be protected under the Transfer of Undertakings (Protection of Employment) regulations (TUPE) in the event of a business takeover or transfer.
Guidance on TUPE for employees
Practice note from the Law Society on the implications of a reorganisation a business for employment contracts, redundancies and the Transfer of Undertakings (TUPE) . Free registration required.
Government guidance on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (amended 2014) - for employers, employees and representatives.
CIPD guidance on transfer of undertakings. Includes an introduction to TUPE, Q&As, case law and A Guide to TUPE transfers. Registration required to access content.
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