Free consultation for qualifying individuals*
Enter your contact details or:
Our confidential enquiry line is staffed 24 hours a day.
Please fill out your details and we will contact you as soon as possible.
TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) is a key piece of legislation designed to protect the terms and conditions of employees when a business, or part of a business, is transferred or sold.
Under TUPE, employees transfer to a new employer along with their existing employment terms and conditions. Length of service of employment should also be preserved. A transfer under TUPE can be a worrying process for employees and you should make sure that you know your rights. We can provide you with expert advice on all aspects of a TUPE transfer to help you secure the best possible outcome.
The TUPE legislation is designed to protect the interests of employees on a transfer of their employment. However, this does not always reflect the reality of the situation when an employee does not wish to transfer to a new employer as a result of TUPE.
You do not have to transfer to the new employer. You have the option to object to the transfer. However, this could leave you in a worse position if not handled properly where you lose all of your rights. A more strategic challenge to a TUPE transfer could improve your position in terms of a severance package. We can provide advice on this.
The TUPE legislation prevents your new employer from changing your terms and conditions of employment to harmonise its workforce. Even if you agree to any such changes and are incentivised to do so, this can be challenged at a later stage.
Terms of employment cannot be changed if the TUPE transfer is the only reason for change. Your employer may claim that there are other reasons for such changes. We can advise you on this and on your rights in a TUPE transfer situation.
The law protects you from being made redundant because of or in connection with a TUPE transfer. We can support you if you are facing dismissal at the time of a TUPE transfer or after the transfer has taken place.
When a TUPE transfer is planned, your employer should appoint appropriate representatives such as trade union representatives or elected employees to run an information and consultation process. You should receive information about when and why the transfer will occur and any implications to your employment going forward such as a change of location, for example. Your new employer should provide this information to your current employer so that it can be provided to you.
A failure by an employer to inform and consult with employees on a TUPE transfer could result in compensation for each employee affected by this.
Thank you for contacting Vardags.
We will be in touch shortly.
If you need to speak to us immediately, our confidential enquiry line on 020 7404 9390 is staffed 24 hours a day, every day of the year.