Employment (Business)

TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly referred to as TUPE) applies when a 'relevant transfer' of employees takes place such as the sale of a business or outsourcing an area of work.

TUPE introduced three concepts into UK employment law; the automatic transfer principle (the buyer of the business inherits all of the employees assigned to the business and all rights), the protection against dismissal in connection with a TUPE transfer and the obligation to inform and consult with representatives of the affected employees.

If there are sound economic reasons for doing so, it may be possible to change some of the terms of the employees contracts but you should take advice before doing so as a breach of the employees TUPE rights could prove costly to you. If you are considering buying or selling a business or outsourcing part of your team, contact us to find out how to ensure your employees will be affected.