Transfer of Undertakings

If an undertaking is taken over by or is transferred to a new owner or employer, then staff are entitled to transfer to the new employer too, with their existing rights, contracts and continuity of service intact.

Transfer of undertakings (protection of employment), otherwise known as TUPE, applies to undertakings of all sizes, regardless of the number of employees.

There are five main areas that are protected:

-         Employment contracts transfer automatically

-         Any dismissals or changes to terms and conditions for reasons connected with the transfer are automatically unfair, unless there is an economic, technical or organisational reason to make a change.

-         Collective agreements transfer

-         Trade union recognition transfers

-         The employers are obliged to inform and consult their employees affected by a proposed transfer

-         The old employer is obliged to give the new employer written employee liability information

We have experience of working with many companies on TUPE related issues, and, combined with our employment department we can advise and assist on this process.

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