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TUPE

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) is in place to protect employees when the business or contract they work on changes hands.

Practical advice

Our solicitors can provide you with practical legal advice and representation if you have any issues pertaining to a TUPE claim.

Tailored service

We take time to understand your issues and this enables us to provide you with a tailored service that suits your specific needs.

Follow the right procedure

We can advise on certain procedures that must be followed when an employee is affected by TUPE.

“I have to say that Minster Law has been really supportive and given amazing service during this difficult time for me. My solicitor was really supportive and is very thorough in investigating items and following up. I have gained back some of my faith in humanity after being treated so badly by my old company.”

Understanding TUPE regulations

TUPE applies to businesses of all sizes and can occur due to a variety of reasons including when a business is sold or the provider of outsourced contracts for services changes or is brought back ‘in-house’.

For example, the sale of a business to another company would be a transfer under the TUPE regulations.

In addition to this, if you work on a contract for services that has been outsourced (this is common in cleaning, security, and catering industries) then if the contract is lost by your employer and taken on by another company, you would be protected by TUPE and the new contractor would have to take you on.

There are certain procedures that must be followed when an employee is affected by TUPE in relation to informing employees and consulting with them

If these are not followed, then employees can claim for a ‘protective award’ which is a claim for up to 13-weeks’ pay.

You cannot be dismissed because of the TUPE transfer. If you have over two years’ service, this would be automatic unfair dismissal.

The only defence to this is if your employer can show the dismissal was related to an economic, technical, or organisational reason. For example, in some circumstances this could be if there is a need for redundancy.

If a new employer takes over a business or contract, they have to do the following:

  • Keep your terms and conditions of employment the same. This includes hours, pay, holiday, etc.
  • Ensure you keep your continuity of employment and the number of years you have been employed.
  • Take on all existing liabilities of your old employer i.e. arrears of pay, or any ongoing claims, etc.
  • Offer similar provisions in relation to health insurance and pension arrangements.

TUPE is a complex area of law and it is not always straightforward as to whether or not an employee is protected by the legislation.

Therefore, it is best to take advice if you feel your rights under TUPE have not been put in place by your employer or you feel you have been dismissed due to TUPE.

Get in touch

We work with a number of leading insurance providers to offer their customers access to our expert legal advice and support on a wide range of issues. Check your policy details for more information and contact us below.