TUPE (For Employers)
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) provides employees with protection of their employment rights when one business undertaking transfers to another.
Imagine your business acquires a small competitor. Their business will transfer to you, and you’ll take on all their customers. But it’s also likely under TUPE regulations that that their employees will transfer to you automatically.
Or imagine that your business hires a company to clean your building – sending the same cleaners to you every day. You then decide to dispense with the company’s services and employ your own cleaners instead. Again, under TUPE, the cleaners’ employment with the company would be likely to transfer to you.
TUPE imposes requirements on both businesses. If you don’t adhere to them, you could be facing an unfair dismissal claim, and in some circumstances the dismissal will be seen as automatically unfair.
Our experts can advise on TUPE, whether it applies to your circumstances, and if so what your rights and responsibilities are.
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Sunny is a Trainee Solicitor in our Employment Law team and is an Associate Member of the Employment Lawyers Association.
Outside of work she enjoys doing hot yoga and trying new restaurants with friends and family!