Clifton Ingram

TUPE

If your employer sells its business, outsources the area of the business in which you work to a third party or changes the service provider for which you work, you would be protected under the Transfer of Undertakings (Protection of Employment) Regulations (“TUPE”).

Unless you object to the transfer (which you should not do until you have taken advice on the implications for you), your employment would automatically transfer to the purchaser or new service provider so that you become their employee on the same terms and conditions of employment that you enjoyed previously. Your continuity of employment and other rights would also be preserved.

Your old and new employers are required to inform and consult with you regarding the transfer and what it means for you. If they fail to comply with these obligations, a tribunal can award you up to 13 weeks’ actual pay in addition to any compensation for unfair dismissal.

If they attempt to change your terms and conditions of employment or they terminate your employment, you may have a claim against them for constructive or unfair dismissal.

We have many years experience in advising employees on TUPE situations and so we are well placed to advise you on your rights and your potential claims.

 

Main Contacts

Alison Gair
Head of Employment & Intellectual Property
Alison Gair

Head of Employment & Intellectual Property Alison is a Senior Associate and has extensive experience in advising both individuals and... read more »

Contact Alison Gair:
alisongair@cliftoningram.co.uk
Robert Cherry
Snr Associate Employment & Dispute Res
Robert Cherry

Senior Associate, Employment & Dispute Resolution Robert qualified as a solicitor in 1995 and is member of the Employment Lawyers... read more »

Contact Robert Cherry:
robertcherry@cliftoningram.co.uk

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