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If you sell all or part of your business, merge with another organisation, or bring an outsourced service in-house, then you may find that TUPE regulations apply.
Planning, communication, and consultation are essential to a successful TUPE process. Our specialist consultants will work closely with you throughout, ensuring staff are treated fairly and that compliance is achieved every step of the way.
The TUPE (Transfer of Undertakings Protection of Employment) Regulations 2007 exist to protect employees during mergers and acquisitions. They ensure that employees who transfer between businesses are entitled to the same terms of their contract including their pension and continuity of service.
Our HR Consultants can provide you with a complete TUPE management service, giving you peace of mind that your people and business are protected.
At Reality HR, our consultants can work with you to guide you through the complexities of TUPE transfers. Our TUPE HR services offer assistance with every stage of the employee transfer process, including:
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TUPE applies when an employee is transferred from one company to another in the following circumstances:
TUPE legislation does not apply in the following situations:
Whether TUPE applies to your situation will depend on the facts of the case. We can talk you through the specifics and make sure you understand your obligations as an employer.
In some cases, after the TUPE process is complete, you may find that some roles are duplicated or no longer required and make the difficult decision to make redundancies.
Our experienced team can support you with planning and managing each stage of the TUPE redundancy process, ensuring it is fair and clearly communicated to your staff. We will help you to avoid any legal consequences, guiding you through the correct selection, consultation and appeals process.
TUPE legislation doesn’t specify how much notice you must give employees, but you must engage in a consultation process with them individually, and any trade unions, at the earliest opportunity if you are aware a TUPE transfer is going to take place.
If an employee is unhappy to work for the new employer, they can object to a transfer, either by informing you or the new employer. This must happen before the transfer takes place.
As the transfer is effectively automatic, the impact of an objection is that their employment will end at the transfer date. They would not then receive redundancy payment.
All employee contracts, including any pay and benefit entitlements that are carried over to the incoming organisation, must remain the same as it’s considered a breach of contract by the new employer to make any changes.
TUPE applies to all employees contracted to your business, including those still on probation.
If you fail to consult with employees or union representatives, or you don’t give employees reasonable notice of your intention to transfer their employment contracts to a new employer, you could be legally liable to pay each employee up to 13 weeks’ pay as compensation. settlement agreement.
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