Employment Transfers under TUPE

The TUPE Regulations protect your position if there is a business transfer, in two situations.

First, where the organisation that you work for, or part of that organisation, is sold to another business.

Secondly, where a ‘service provision change’ takes place. This can be where the job you do is outsourced to another company.  For example, if you are employed by a company to manage the finances or IT and the decision is taken to employ an external contractor to do your job. A ‘service provision change’ can also take place where there is a subsequent change of contractor, moving the outsourced IT or finance work from one outsourced provider to another. Or, it can be where the service is brought back ‘in house’.

When TUPE applies, your employment contract transfers automatically to the new company. Also, your existing employer and your new employer are obliged to inform and consult with you about the transfer.

If your employer has said there is going to be a TUPE transfer, then it can be a difficult and anxious time. You may be concerned about redundancy, or your employer may have said your terms and conditions of employment shall change after the transfer takes place.

Our Employment Team can help. We have experience of helping clients in a wide variety of sectors, who are concerned about their employment transferring under TUPE. We shall take the time to really understand your concerns, and advise you on the options available.