TUPE (The Transfer of Undertakings (Protection of Employment)) legislation is designed to protect the rights of employees when the business they work for changes hands. Practically, this stops employers changing employees terms and conditions just because the legal entity that employs them has changed.
When TUPE applies:
TUPE applies to employees of businesses in the UK. The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK. The size of the business also doesn’t matter.
There are 2 types of transfer protected under TUPE regulations:
Transfers within the public sector aren’t usually covered by TUPE but some transfers from the public sector into the private sector are. However, public-sector employees get similar protection.
This is where a business or part of a business moves from one employer to another. This can include mergers where 2 companies close and combine to form a new one.
The identity of the employer must change, to be protected under TUPE during a business transfer.
This is when:
Employees aren’t protected under TUPE if the contract is:
Only the employees who can be clearly identified as providing the service being transferred are protected.
A courier collects and delivers for a business, but the packages are picked up or delivered by a number of different couriers on an ad hoc basis. The courier isn’t protected under TUPE.
A cleaner is employed by a company that decides to use an outside cleaning company instead. They’re likely to be protected under TUPE.
Cornerstone Resources can help you throughout the planning process and also in any required consultation with employees.
Based in South Manchester, Cornerstone Resources offer a complete HR service to businesses, charities and churches. With over 40 years combined experience in HR, we can offer you an enviable combination of professional expertise and a service based on integrity and honesty. Best of all, we can save you time and money.
For more information on our offering, including cost effective Employee Relations support, click here. For a no obligation quote, call Rob today on 07494 161169 or Nicci on 07908 875146. Alternatively click the below button to email us.
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