The Transfer of Undertakings Regulations (TUPE) have been put in place to preserve an employees terms and conditions where a person sells or otherwise transfers all or part a business or undertaking to a new employer.
During TUPE transfers, the employer needs to consult with the employees as soon as possible about the process. Employees must be informed about the date of transfer and the reasons for it. They also need to be informed of the legal, economic and social implications of the transfer. If a redundancy situation arises as a result of the process, then this may give rise to a claim to an Employment Tribunal. Negotiations for a settlement agreement may also be possible.
An employee could make a claim for unfair dismissal as a result of the transfer. A dismissal would be automatically unfair unless it can be shown that the main reason for the dismissal was due to an economic, technical or organisational reason, involving changes in the workforce and the employer acted reasonably in deciding to dismiss the employee.
In relation to TUPE, our expert team can assist you with the following:
- Legal Advice in relation to variations to terms of contract
- Negotiation of settlement agreements with your new employer
- Negotiate appropriate redundancy package according to your circumstances