TUPE - Employment Issues Arising from Business Acquisitions and Disposals
'TUPE' stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006.
TUPE transfers are a complex area of law and pose many potential problems to employers. Forbes Solicitors' Employment law team are experienced in advising employers on the issues surrounding TUPE and can provide expert advice in this complicated area.
The TUPE regulations provide that where:
- a business or part of one is sold to an incoming employer; or
- two or more companies cease to exist and combine to form a new company; or
- activities are outsourced to a contractor, moved from one contractor to another, or brought back in-house
Any employees of the outgoing employer automatically become employed by the incoming employer, on all of the same terms and conditions and with their continuity of employment preserved.
An employee should not be dismissed because of a TUPE transfer. If the sole or principal reason for an employee's dismissal is a TUPE transfer or a reason connected with the transfer, this may give rise to an automatically unfair dismissal.
Following a transfer, an employer may wish to change the terms and conditions of transferring staff, however, any changes where the sole or principal reason for the change is the TUPE transfer will be usually be void.
A breach of TUPE can lead to extremely expensive tribunal claims. It’s vital that you have the best legal team on your side so your business is not left open to expensive claims and further complications.
Forbes Solicitors are experienced in all aspects of TUPE and guide you every step of the way should any issues arise.
Please call Forbes Solicitors on freephone 0800 689 0831 or contact us by email for more information on anything regarding TUPE.
15 May 2018
Employment & HR
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