Click here – If you are an employer looking for advice on TUPE.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to organisations of all sizes and protect Employees’ rights when the organisation or service they work for transfers to a new employer.
If you are an employee and your employment has transferred to a new employer, you are entitled to transfer your employment across to the new employer on the same terms and conditions of employment (except from your existing occupational pension arrangements) and you are entitled to retain your continuity of service.
Employees subjected to a TUPE transfer are protected by a number of rights including:
- The right not to dismissed by either the old or new Employer if the sole or principal reason for the dismissal is the transfer itself (in which case provided that you have 2 years’ or more continuous service the dismissal will be automatically unfair)
- The right to object to the transfer (and in certain circumstances to bring a claim of constructive unfair dismissal)
- The right to be informed about and consulted with by both the old and new employer about the transfer. For organisations employing 10 or more employees that consultation should be both individual and collective with either trade union officials and/or elected employee representatives. A failure to do so can lead to either or both of the old and new employers being liable for compensation of up to 13 weeks’ gross pay for each of the affected employees.
If you are the subject of a TUPE transfer, SDM Legal can help you. Our team of employment lawyers regularly advise employees on TUPE transfers and can work with you to ensure that your rights are protected.
To speak to one of our specialists in this area and to make sure the process is as hassle-free as possible, call us on 01524 237145 or complete our online enquiry form.
Our experience with TUPE transfers
Instructing a specialist employment solicitor is essential in order to best protect your position and to achieve the best terms possible. At SDM Legal, we will explain your rights clearly and will also help you to obtain compensation if your legal rights are infringed.
The employment team at SDM Legal has over 25 years’ experience in dealing with TUPE transfers both for individuals and groups of employees negotiating the same terms. We are known for passionately protecting our client’s interests and putting clients in the best position to achieve the most favourable outcome.