What do you mean by TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. This is relevant to any redundancy decisions where a business or part of it is transferred from one owner to another.
How long is a TUPE period?
indefinite
What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite; if the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.
What TUPE means for employees?
Transfer of Undertakings (Protection of Employment)
TUPE stands for Transfer of Undertakings (Protection of Employment). A ‘TUPE transfer’ happens when: an organisation, or part of it, is transferred from one employer to another. a service is transferred to a new provider, for example when another company takes over the contract for office cleaning.
What is TUPE cost?
the costs of taking on any liabilities connected with the transferring employees.
What happens after TUPE transfer?
Under TUPE, any attempt to change your contract terms will be void if the only reason or main reason for the change in contract terms is the TUPE transfer. This means it would be unlawful for your new employer to reduce your pay, or make any of your existing contract terms less favourable.
Who is eligible to TUPE transfer?
To transfer under TUPE, you must be part of an ‘organised grouping of employees’. This is the group of employees carrying out work for the ‘client’ (the organisation receiving the services). A group may only have 1 employee.
Can I refuse to TUPE transfer?
If you do not want to transfer to the new employer, you can refuse, but you would usually have no rights to claim: redundancy pay.
How does TUPE work?
TUPE stands for Transfer of Undertakings (Protection of Employment). A ‘TUPE transfer’ happens when: an organisation, or part of it, is transferred from one employer to another. a service is transferred to a new provider, for example when another company takes over the contract for office cleaning.
Can my employer change my job after TUPE?
After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.
Can an employee refuse TUPE transfer?
Can I resign after TUPE?
If you do not want to transfer you can request redeployment (depending on the size of the organisation) or to be considered for redundancy if available. The only other alternative is to resign. The trade union will endeavour to secure redeployment for members where possible.
Do all employees transfer under TUPE?
So who exactly is transferred under TUPE? Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not.
Who pays redundancy after TUPE?
new employer
If you’re made redundant after a TUPE transfer, your new employer is responsible for any redundancy pay. Your redundancy pay must be based on your length of service (‘period of continuous employment’). This includes the time you worked for your old employer before you transferred.
Can I refuse a TUPE transfer?
Can I be fired after TUPE?
After a TUPE transfer After you have transferred, your new employer can only make redundancies related to the transfer if there is both: a genuine redundancy situation. a need to make changes to the workforce for economic, technical or organisational (ETO) reasons.