TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) protect employees when there is a change of employer.
A change can come about in a variety of different ways but if the change is caught by the TUPE Regulations then the employees will as a matter of law, transfer to the new company.
TUPE also applies to service provision changes such as outsourcing or bringing a function back “in house”.
If an employee is dismissed, or suffers detriment of any sort, as a result of the transfer, then this may lead to a claim against either the new, or the previous owners of the company, and it is therefore imperative that whatever side you are on, you comply with the TUPE Regulations so as not to expose your business to the risk of claims.
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