TUPE are the “Transfer of Undertakings (Protection of Employment)” regulations that protect employees if the business or company which employs them changes hands.
The TUPE regulations mean that employees and any liabilities associated with them are transferred to their new employer. It is a complex piece of law and it is vital that businesses know exactly what they are doing when it comes to the transfer of employees.
Some mistakenly believe that TUPE is only the concern of big business and employers, but it can affect businesses of all sizes. It also applies to many different business transactions which is why it is essential to have the appropriate legal support.
TUPE can apply to business and service provision situations such as when employers:
- Sell or buy part or all of a business as a going concern
- Out-source or make changes to services
- Grant or take over the lease or licence of a premises and operate the same business from that premises
TUPE means that employees take with them the same terms and conditions of employment that they had with their outgoing employer, and that they also carry with them their continuous service.
TUPE also protects against change to employment contracts for a indefinite period of time if the only reason for the changes is the transfer of the business.
Whether you are an outgoing or incoming employer our employment team can help you fully understand the implications of TUPE which will help to protect you and your business from any claims.
We can also set out the steps you need to take to protect your business and what you need to do to comply with TUPE.