TRANSFER OF UNDERTAKINGS - TUPE REGULATIONS SOLICITORS

The Transfer of Undertakings (Protection of Employment) Regulations were enacted to protect employees when the whole or part of a business is transferred to a new employer. These regulations help safeguard the job security of employees affected by a transfer of undertakings. The Regulations are often referred to as TUPE for short. Transfer of undertakings include mergers and the sale of a business, whether in whole or part.

One effect of a transfer of undertakings is that the individuals employed by the previous employer automatically become employees of the new employer. When an undertaking or part of an undertaking is transferred from one employer to another, employees have a right to maintain the same terms and conditions of employment. Employees also have a right to continued employment.

The Transfer of Undertakings (Protection of Employment) Regulations apply to all businesses regardless of size. Massive corporations with thousands of employees are covered, as well as small businesses employing only a few individuals. However, the Regulations do not apply to employees who typically work outside of the UK.

If an employee is dismissed by the previous or new employer solely or mainly because of the undertaking, it is automatically considered an unfair dismissal. The dismissed employee can bring a claim to the Employment Tribunal as long as they have been employed by the organisation for at least one year. There is time limit of 3 months from the date of the dismissal.

In order to avoid paying compensation to the dismissed employee, the employer must show that the dismissal was genuinely and mainly based on an economic, organisational or technical necessity. The employer must also be able to prove that he acted reasonably. Even if the dismissal is deemed fair, however, the employee may be entitled to redundancy payments.

Constructive dismissal occurs when an employee is forced to resign because of unacceptable working conditions. Under The Transfer of Undertakings (Protection of Employment) Regulations an employee can make a claim of constructive dismissal if they resign because a substantial change in the terms and conditions of their employment was to their material detriment. However, an employee may not make a claim of constructive dismissal based solely on the fact that the identity of the employer changed.

Employee representatives must receive advance notification of the transfer. The representatives must also be consulted with about any transfer related proposal that may affect the employees. A failure to properly notify and consult with the representatives results in the concerned employees being entitled to compensation in the amount of up to 13 weeks of pay. If any employee does not have union or other suitable representation, then a representative is elected.

If you were terminated after a transfer of undertakings within your organisation, contact us today for free advice on whether you have a claim for unfair dismissal. Our panel solicitors can also advise employees who quit after a transfer of undertakings about the possibility of a constructive dismissal claim. Time is of the essence with TUPE claims - it is important to seek the assistance of a solicitor as soon as possible. Complete the contact form or email our offices or telephone our helpline to speak confidentially with a specialist employment law solicitor. There is no charge and you are under no further obligation.