The Transfer of Undertakings (Protection of Employment) Regulations 2006 (referred to as "TUPE") is the main piece of employment protection legislation governing the transfer of businesses or service provisions from one legal entity to another. This legislation sets out the way employees are dealt with when their employer transfers the business in which they work, to another organisation.
When a discrete business transfers from one owner or operator to another, TUPE may be triggered, meaning that all employees employed in the business that transfers are covered by the law and automatically transfer to the new organisation on their existing terms and conditions of employment. Their continuity of service is also preserved and both the original and new owners must follow a process of informing and consulting including a requirement to share information and data..
TUPE law is complex and financial penalties can be imposed if legal requirements are not met. We can help you to manage the process by providing advice and support in the following areas:
- Explanation of the legal requirements
- Consultation and notification process
- Due diligence and information exchange
- Preparation of documentation including "measures" contemplated by the incoming employer
- Trade Union / Employee Forum negotiations
If you are in Northampton or the surrounding area and would like to benefit from our expert HR advice, contact us using the form on the right or call 01604 763494. You can also find a list of other HR services we offer on our human resources page