What legislation regulates TUPE?

Overview. The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE 2006) is the main piece of legislation governing the transfer of a business, or part of one, from one owner to another. It also governs service provision changes.

What are the conditions of TUPE?

Under TUPE, any attempt to change your contract terms will be void if the only reason or main reason for the change in contract terms is the TUPE transfer. This means it would be unlawful for your new employer to reduce your pay, or make any of your existing contract terms less favourable.

How long are staff protected under TUPE?

The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

Is there a time limit for TUPE?

TUPE. Where there has been a failure to inform and consult with the appropriate representatives under a TUPE situation, and employee has 3 months to commence the process starting with the date of the completion of the transfer. There is no necessary qualifying period for bringing this claim.

What is the TUPE act?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

Is TUPE a UK law?

Your rights under TUPE Your rights are protected under TUPE if both of these things apply: you’re legally classed as an employee. the part of the organisation that’s transferring is in the UK.

Who qualifies for TUPE?

Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not. If you happen to have employees who are temporarily assigned to work in a different office or department within the business or for another organisation, this can complicate the situation.

What is protected under TUPE?

TUPE regulations protect employees’ rights when they transfer to a new employer. TUPE stands for Transfer of Undertakings (Protection of Employment). A TUPE transfer happens when: an organisation, or part of it, is transferred from one employer to another.

How long after TUPE can I be made redundant?

It must start at least 30 days before anyone is made redundant. If they’re making fewer than 20 redundancies, there is no fixed time period to consult you individually. No employees can be made redundant until after the transfer.

Can my job role be changed under TUPE?

After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.

Can I sue my employer after 3 years?

If a claim relates to an injury resulting in death or serious and permanent impairment, the claim may still be made after three years, if there’s a reasonable cause for the delay. If a period greater than three years has passed since the accident then a claim may still be made with SIRA approval.

Is TUPE a law?

What are the TUPE rules?

There must be a legal transfer from one employer (either an individual or a company) to another.

Carrying on the previous economic activity of the business (in other words,the business undergoing a transfer must be a stable “going concern”).

Employees are a part of the transfer.

What does Tupe mean for employees?

TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations in business. TUPE is a set of protective regulations that safeguard the rights of employees undergoing transfer. The regulations came into force in 1981, and remain the most important piece of legislation when dealing with employee transfer.

What does Tupe mean?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. This is relevant to any redundancy decisions where a business or part of it is transferred from one owner to another. Both the old and new owners are required to inform and consult staff affected directly or indirectly by the transfer of ownership.

What is the TUPE process?

TUPE is the Transfer of Undertakings (Protection of Employment) Regulations which came into force in 2006. It is mainly aimed at protecting employees who are transferring over to a different company when all or part of the business is sold and when activities are “outsourced” or when service providers change. When does the TUPE process apply?