TUPE disputes and claims
TUPE stands for the Transfer of Undertakings (Protection of Employment) regulations, which apply when a business, or part of a business, changes hands from one employer to another. TUPE regulations exist to ensure the transfer of employees’ terms and conditions from the old employer to the new, and to preserve the continuity of employment. For TUPE to apply, the business or part of business to transfer must retain its identity. It can also apply to situations where one contractor’s services are exchanged for another’s.
The law is complicated surrounding where TUPE is relevant, however it is likely to apply when businesses are sold and operations outsourced. If you have been affected by TUPE regulations through your employer, or you have been dismissed as a result of a transfer of ownership, this is automatically unfair. What should happen when TUPE regulations engage is that your rights and terms and conditions of employment automatically apply under the new ownership, and continuous employment is calculated from the start of employment with the old employer.
If you have been dismissed as a result of this situation and it is for an ‘economic, technical or organisational reason entailing changes in the workforce’ – an ETO reason – this should then be considered a redundancy, and redundancy procedures should be followed. If you believe that you have been unfairly treated in a case where TUPE regulations apply, you can speak to one of our team to discuss the specifics of your situation and your legal rights.
For further information or to discuss your personal situation, contact Simply Lawyers on 0800 1123 256, text ‘contact’ to 80011* or complete the form to the right and we will contact you.