Transfer of Undertakings (Protection of Employment)

Blackheath, Bexleyheath & Petts Wood

The Transfer of Undertakings (Protection of Employment) also known as TUPE regulations are in place to preserve an employee’s terms and conditions where a person sells or otherwise transfers all or part of a business or undertaking to a new employer. This is a very complicated area of law and it is important that advice is sought as early as possible into the process so you are aware of your legal rights.

There are many obligations placed on your employer where a TUPE transfer occurs, such as the need to consult employees as soon as possible about the whole process. Your employer must inform you of the date of the transfer and the reasons for it. You should also be informed of the legal, economic and social implications of the transfer for you. If a redundancy situation arises as a result of the decision to sell or otherwise transfer the business then this may give rise to a claim to an Employment Tribunal. There may also be scope to negotiate a settlement agreement with your employer should you wish to find alternative work.

A claim to an Employment Tribunal would not arise purely due to a TUPE transfer, however, if you are unfairly dismissed as a result of the Transfer, or you find that your employer is imposing a drastic change to your terms and conditions of employment for the worse, a dismissal will automatically be unfair unless it can be shown that the main reason for the dismissal resulted due to an economic, technical or organisational reason, involving changes in the workforce and your employer acted reasonably in deciding to dismiss you.

Where a Transfer has occurred and your new employers attempt to vary the terms of your contract, we can assist you in negotiations and make you aware of your legal rights. We can assist you in negotiating a settlement agreement with your new employer.

Where you believe a TUPE Transfer has taken place and circumstances subsequently give rise to a redundancy situation, then your statutory entitlement to redundancy pay will run from the date you began working with your old employer. We can advise you whether there has, in fact, been a TUPE transfer which is not always clear and if so negotiate an appropriate redundancy package in the circumstances