TUPE covers the transfer of employment of all or part of a business when it changes owner.
TUPE regulations protect 2 different types of transfer. These are business transfers and service provision changes.
TUPE regulations apply to all employees. In order to transfer the employee must be employed immediately before the transfer. The Regulations include any employee who was absent from work at the time of transfer e.g. on maternity leave, or absent due to ill health.
TUPE legislation aims to ensure that:
- When an employer transfers their business (or part of it) to another employer, it is the existing employers responsibility to inform and consult with representatives of the affected employees;
- The employee’s contracts are transferred from the transferor (the original employer) to the transferee (the new employer);
- The transfer shall not constitute a ground for dismissal by the transferor or transferee;
- If, as a result of the transfer, the employee suffers a substantial, detrimental, change, this may constitute an automatically unfair dismissal.
Should you require any further information concerning this please contact the HR Consultancy team at International Workplace.