What is TUPE?
TUPE is The Transfer of Undertakings (Protection of Employment) Regulations 2006.
In broad terms, the effect of the Regulations is to preserve the continuity of employment and terms and conditions of any employees who are transferred to a new employer when a relevant transfer takes place. This means that employees employed by the previous employer (the "transferor") automatically become employees of the new employer (the "transferee") on the same terms and conditions when the transfer takes effect (except for certain occupational pension rights).
The Regulations can apply regardless of the size of the transferred business: so the Regulations equally apply to the transfer of a large business with thousands of employees or of a very small one (such as a shop, pub or garage). The Regulations also apply to public or private sector undertakings and whether or not the business operates for financial gain, such as a charity.
In addition the TUPE Regulations apply to “changes of service provider” which will cover the vast majority of outsourcing, insourcing, and contract change scenarios.
Why use Healys?
We have substantial expertise in dealing with TUPE transactions and advising on all the legal implications of a Transfer. We will respond quickly and advise on both the practical and legal options and likely outcomes.
We can also provide you with all the necessary documentation and assistance in terms of any consultation process you need to undertake..