The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies to a relevant transfer which can be defined to cover a transfer of business and a service provision change.
Business transfers occur when a business is sold from one owner to another. A service provision change occurs when a client engaging a contractor to do work on its behalf reassigns the contract or brings the work “in-house”.
TUPE Regulations protect employees, meaning that if you were employed immediately before the transfer, you automatically become an employee of the new employer, unless you object to being transferred and inform either employer. Your continuity of employment remains unbroken and you keep all the rights and obligations under your contract of employment with your previous employer.
If your employer changes your terms and conditions of employment as a result of a transfer, or if you are dismissed as a result of a transfer, you should raise a grievance using the company’s internal procedures. If you are unsuccessful in your grievance, you may have the right to bring a claim in the Employment Tribunal.
Our employment team can advise on all aspects of TUPE procedures, and can advise in relation to any unfair dismissal claim which may arise as a result.