Advice on TUPE

Transfer of Undertakings (Protection of Employment) Regulations 2006

The TUPE Regulations are in place to preserve employees’ rights when a business is transferred to a new employer.  The Regulations can apply to organisations of all sizes when a business is sold; activities are outsourced/in-sourced or re-tendered.

TUPE has huge impacts for the employer who is making the transfer and for the employer who is taking on the transfer.  Not forgetting the impact on employees’ morale, performance, health and general wellbeing.

Here at Poole Alcock we can advise you in relation to taking into account TUPE Regulations when deciding how much to pay for a business or how much to bid for a contract and the timetables involved in a transfer due to any legal requirements, for example due to consultation periods.

Under the Regulations the employees existing terms and conditions transfer with staff to the incoming employer.  Following the transfer employers may wish to change the terms and conditions.  This is a complex area of TUPE and employers who do not seek the appropriate legal advice when deciding when, how and if changes can be made may open themselves up for claims of constructive dismissal.