TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended by the Collective Redundancies and Transfer of Undertaking (Protection of Employment) (Amendment) Regulations 2014.
If the TUPE regulations apply to you because you are transferring to a new employer, as an employee, your terms and conditions of employment automatically transfer to the new employer. As an employee, your existing employment contract may be protected, except for old age, invalidity and survivors benefits under a pension scheme. You are also protected under TUPE regardless of the size of business or service you work for.
The two types of transfer protected under TUPE are when:
- a business (or part of one) is transferred to a new employer
- a service provision change takes place (i.e. a service you work in is being outsourced, re-tended or brought back in house).
If you are involved in a relevant transfer that qualifies for TUPE protection, you should be assured that your:
- job transfers over to the new company
- employment terms and conditions transfer
- continuity of employment is maintained
- new employer is not able to change your terms save in limited circumstances, and
- you have enhanced protection against dismissal if you have sufficient service.
TUPE is a specialised area in law and if you are involved in this process, please contact us.