When an organisation is transferred from one employer to another or a service is transferred to a new provider, employees’ rights are protected under the Transfer of Undertakings (Protection of Employment) Regulations 2006 – otherwise known as TUPE.
At Ashtons, our team is highly experienced in advising employers on the processes and legal implications of a TUPE transfer.
Whether you’re an SME or a national PLC, we can assist your business through the informing and consulting process to ensure that the procedure is undertaken in the most effective and efficient way whilst fulfilling all of the relevant legal obligations.
Our service focuses on ensuring that clients receive the most practical and realistic advice at all stages of the TUPE process, minimising the risk of any employment law disputes arising.
Contact our TUPE Solicitors today
To find out how Ashtons Legal’s Employment team can support you and your business with TUPE proceedings, please do not hesitate to contact our specialist team by filling out our online enquiry form or by calling 0333 222 0989.
When you work with us, we can provide HR consultancy support, as well as legal support, depending on your needs.
Our TUPE services
Advising on the TUPE process and regulations
TUPE can be extremely complex, with various steps needing to be taken to ensure that employees’ rights are protected. Our TUPE solicitors can work with you to help establish whether this will apply in your situation, what the steps involved in the process look like and what regulations will need to be followed. We can also inform you of the potential pitfalls of TUPE and the ways you can avoid any detrimental impact on your commercial operations.
Once everything is in place, we can assist you with the transfer itself and ensure that TUPE regulations are being followed at all stages.
Post TUPE support
TUPE transfers represent a major change, and the adjustment period is always likely to be challenging to navigate. In some cases, affected employees may find the process to be overwhelming and difficult to understand.
If you need advice or guidance on how best to operate following a TUPE transfer, our team is well-placed to offer tailored advice.
TUPE disputes
There is always a risk that TUPE transfers can result in disputes between employees and employers, especially if an employee believes that the processes followed were incorrect or they have been unfairly treated.
Our team have extensive expertise in handling a wide range of employment disputes, including those related to TUPE, utilising various methods of alternative dispute resolution to find suitable resolutions.
Why choose our Solicitors?
At Ashtons Legal, we are independently regulated by the Solicitors Regulation Authority (SRA) and are members of the Law Society Lexcel Accreditation Scheme, demonstrating our excellent standards of legal practice management and client care. We also hold a Tier 2 ranking by the Legal 500, specifically for our employment law expertise.
We have extensive experience working with a wide range of businesses that operate in a variety of sectors. This experience, coupled with our industry-leading knowledge and expertise, means we have been able to establish an excellent reputation within the legal sector.
When you work with our team, you will always receive a bespoke service with legal advice that is carefully tailored to your circumstances and desired outcomes.
Frequently asked questions about TUPE
What is TUPE?
TUPE stands for Transfer of Undertakings (Protection of Employment). TUPE regulations are designed to protect employees’ rights when an organisation is transferred from one employer to another or a service is transferred to a new provider.
Under TUPE, employees of the outgoing employer automatically become employees of the incoming employer once the transfer takes place. This means that the employee will retain their continuous service and will receive the same terms and conditions of employment.
What rights do employees have under TUPE?
Employees will be protected under TUPE if they are legally classed as an employee and the part of the organisation that is transferring is in the UK.
In addition to employees automatically transferring between the outgoing and incoming employer, the terms and conditions of their employment will also be protected. This means that the terms and conditions of the employment cannot be changed to an employee’s detriment.
Employees are also entitled to be consulted before a transfer takes place, especially if there are likely to be any new measures introduced by the incoming employer. This means that an employee should be briefed on any key details, the proposed date of the transfer, the reason for doing so, and what the process will be if affected employees want to raise any objections.
Both old and new employers will also have certain obligations to inform trade unions or elected employee representatives of the employees who will be affected by a transfer and to consult on any measures taken in connection with it.
Can employees’ contracts be changed after TUPE?
After a TUPE transfer, an employer can usually only make changes to contracts if:
- They improve an employee’s terms and conditions
- There is an ‘economic, technical or organisational’ (ETO) reason involving a change in the workforce
If a substantial change is made to an employee’s contract, which they have not agreed to, they may be in a position to resign and make a claim for unfair or wrongful dismissal.
It may be possible to make changes to an employee’s contract via a variation clause in their contract. A variation clause can only be used to make changes that would be considered reasonable.
How long does TUPE apply for?
TUPE regulations provide protections to employees for an indefinite period of time. This means the incoming employer would need to provide a valid reason for wanting to change the terms and conditions of a contract at any time.
Which organisations are bound by TUPE?
TUPE will apply to all organisations, no matter their size or industry, so long as the part of the business that is being transferred is based in the UK.
When does TUPE not apply?
It should be noted that TUPE does not apply to every single business transfer. For example, TUPE does not apply to transfers within the public sector where the employer does not change.
The legislation concerning TUPE can be extremely complex, highlighting the need to consult a specialist in the field. If you have any questions regarding TUPE and whether it would apply to a business transfer, our team will be more than happy to answer them.
Contact our TUPE Solicitors Today
To access TUPE advice, please contact our solicitors in Bury St Edmunds, Cambridge, Ipswich, Norwich and Leeds.
When you work with us, we can provide HR consultancy support, as well as legal support, depending on your needs.