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 are the stages of TUPE?

13

  • STAGE 1: Before committing to the transfer.
  • STAGE 2: Preparing for the transfer.
  • STAGE 3: The transfer.
  • STAGE 4: After the transfer.

What is not protected under TUPE?

Employees aren’t protected under TUPE if the contract is: for the supply of goods for the company’s use (eg a restaurant changing food suppliers) for a single event or short-term task (eg a catering company being used for a large corporate event)

How long are you protected after TUPE?

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.

Is TUPE a UK law?

Your rights under TUPE Your rights are protected under TUPE if both of these things apply: you’re legally classed as an employee. the part of the organisation that’s transferring is in the UK.

Who is eligible for TUPE?

Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not. If you happen to have employees who are temporarily assigned to work in a different office or department within the business or for another organisation, this can complicate the situation.

What is the notice period for TUPE?

45 days
How much notice am I entitled to? The organisation needs to give you 45 days notice. However, some organisations will give more than this to enable employees to ask questions and attend meetings.

Who protects TUPE?

TUPE regulations protect your rights as an employee when you transfer to a new employer. 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.

Who is entitled to TUPE?

Can I resign after TUPE?

An employee in a TUPE situation who refuses to transfer will not become an employee of the new employer. Logically, it follows that any resignation before or at the time of the transfer is best submitted to the original employer.

Can I be made redundant after TUPE?

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.

What are the TUPE regulations?

TUPE – a guide to the regulations Purpose. The TUPE Regulations preserve employees’ terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Transfers covered by the Regulations. Transfers not covered by the Regulations. Employer’s position in a transfer. Employees’ position in a transfer. Redundancy. Trade union recognition. Rep Action List.

What is Tupe law?

TUPE Regulations. The TUPE Regulations bring into UK law the terms of the European Acquired Rights Directive. The stated purpose of the European Directive was ‘to provide for the protection of employees in the event of a change of employer, in particular to ensure that their rights are safeguarded’.

What is the TUPE process?

When a business is transferring specific assets such as equipment, property or IT systems, the TUPE process applies. When a business outsources some of its activites to a service provider, or brings some activities back in-house, e.g. recruitment, call centers, IT systems, payment processing, guess what, the TUPE process applies.

What is a TUPE transfer?

TUPE is designed to protect employees who find themselves being moved to a new employer. The words “TUPE transfer” can strike terror in the hearts of organisations that are looking to take over a business or dealing with the transfer of a service provision.