TUPE

How Do You Define TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006.

TUPE applies to organisations of all sizes and, in a nutshell, preserves employees’ rights when the organisation or service they work for transfers to a new entity.

Whether the business is the employer who is making the transfer (also known as the outgoing employer or the transferor) or the employer who is taking on the transfer (also known as the incoming employer, the ‘new employer’ or the transferee), TUPE rules will have an impact on both organisations.

Hine Legal’s specialist team has extensive experience in dealing with TUPE issues, and will assist you to ensure that you comply with the regulations.

 

When Does TUPE Apply?

TUPE applies in two scenarios: (i) business transfers; and (ii) service provision changes.

Business transfers – where a business (or part of a business) is purchased or merges with another business to make a brand new employer, TUPE regulations will cover the existing employees.

With service provision changes – TUPE applies where a contractor takes over activities from a client (outsourcing), where a new contractor takes over activities from a previous contractor (known as re-tendering or second generation outsourcing), or where a client takes over activities from a contractor (insourcing).

 

What Does TUPE Mean In Practice?

Where TUPE regulations apply, employees are considered to have carried on with continuous service, having automatically become employees of the new employer. They are entitled to retain the same terms and conditions of employment.

Employees whose employment is being transferred are entitled to a period of consultation, and representation, and as an employer, there are specific procedures you are required to follow, and information you need to provide.

With extensive experience of acting for outgoing and incoming employers in TUPE situations, Hine Legal’s expert team will provide practical advice and support to guide your organisation through every step of the procedure.

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