The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) apply if the business (or the part of the business) in which you work is transferred from one employer to another. TUPE does not apply where you remain employed by the same company and the company simply changes hands.
If the business for which you are working is transferred to another employer, you have the following rights:
- To be informed about the proposed transfer and to be given certain information, long enough before the transfer to enable consultations to take place
- If your workplace does not have a union, to elect “appropriate representatives” to consult on your behalf
- To be consulted about any “measures” which your employer might take with regard to your employment
- Unless you object, for your employment to transfer to the buyer of the business under exactly the same terms and conditions as are currently in place, with continuity of employment and with the legacy of all your employment history with your current employer
- The right not to be dismissed by reason of the transfer itself
- The right not to be dismissed for a reason connected with the transfer unless your employer has an economic, technical or organisational reason for the dismissal which entails a change in the workforce (e.g. redundancy)
- The right not to be constructively dismissed. Where the buyer of the business makes changes to the terms and conditions of your employment which are prompted by the transfer or a reason connected with it, this may give rise to a claim for constructive dismissal
- The right not to suffer substantial changes in your working conditions to your material detriment
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If you feel that you may have a TUPE related employment claim contact the TSP Employment team on 01206 574431 or by email at firstname.lastname@example.org.
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