TUPE employment law solicitors
We have helped over 3,000 employees in England and Wales with their employment law claims and we can help you too.
TUPE rights for employees in England and Wales
TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended. These regulations protect the employment contracts and conditions of existing employees when a business is transferred, for example through a sale or merger or there is a service provision change; for example, a client outsourcing work to a contractor.
Our Employment Law Solicitors have years of experience and expertise in providing TUPE legal advice and support to employees and employee representative organisations. We only represent employees so we know precisely how TUPE regulations apply in circumstances where workers are directly affected.
Your help made a big difference to my ability to stand my ground with my employers. Thank you. (Miss A., Hertfordshire)
Protecting employees' rights
The TUPE Regulations offer a number of protections for employees during a transfer of undertakings. For example TUPE:
- automatically transfers employees working in the undertaking together with their contracts of employment (subject to their individual right to object and excluding certain rights in relation to occupational pension schemes) to the transferee
- transfers liability in respect of employees dismissed by the transferor in advance of the transfer if the reason for dismissal was connected with the transfer
- renders any dismissal where the reason for that dismissal is the transfer automatically unfair (unless there is an 'economic, technical or organisational reason' for the dismissal)
- may transfer trade union recognition in respect of the transferred employees
- may transfer any collective agreements (agreements with trade unions) applicable to the transferred employees
- requires the provision of information to, and (where measures are proposed in connection with the transfer) consultation with, representatives of the affected employees
- requires the supply of employee liability information by the transferor to the transferee in respect of the transferring employees
- permits certain variations to workers’ employment contracts where a relevant transfer occurs because of certain types of insolvency (in other situations the scope for varying contracts is very limited)
The obligation to inform and consult
If an employer is planning to transfer his or her business or service provision contract, then the TUPE law requires they must inform employees of the following:
- the date of the transfer
- the reason for it
- the legal, economic and social implications for the affected employees
If there are any changes to made as a result of the transfer, then these ‘measures’ must be talked through with an employee representative, and the incoming employer has a duty to continue the consultation process.
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