TUPE Law

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects the employment rights of employees when the business you work for changes ownership. TUPE applies where a business is transferred to new owners, or if there is a service provision change, such as a cleaning contract being won by a new contractor.

If TUPE applies, you will be automatically transferred to the new employer. You should be informed and consulted about the transfer. If you object to the transfer, you will be treated as having resigned and will not be entitled to redundancy pay or to claim unfair dismissal.

Protection of transferred employees under TUPE

The aim of the TUPE Regulations is to protect your rights. TUPE requires that your employment contract is transferred with the same terms and conditions from the previous owner to the new employer. Your continuity of service will also be preserved. Following the transfer, your new employer is restricted from dismissing you or significantly changing the terms and conditions of your employment contract. If you are dismissed following a transfer, you may have a claim for unfair dismissal.

Contract changes: economic, technical or organisational reasons

Your new employer cannot make changes to your contract if the reason for the change is because of the transfer or connected to the transfer. However, the employer can justify changes to your contract, and sometimes dismissal, if the changes are for economic, technical or organisational reasons. If your contract has been substantially changed because of a transfer under TUPE, we can advise you on your rights.

If you are being transferred to a new employer, and are concerned about the effects of TUPE, we can assist you.