TUPE & Outsourcing

TUPE & Outsourcing

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) preserves the terms and conditions of an employee’s employment when a business or undertaking, or part of one, is transferred to a new employer. Examples of transfers under TUPE include the purchase or sale of a business and the change of a service provider following an outsourcing exercise.

If TUPE applies to you, your employment is protected. Your terms and conditions of employment will apply as if you had originally agreed your contract with the new business or service provider.

Specifically:

  • Your existing terms and conditions of employment will continue to apply
  • Your continuity of employment will be preserved
  • You have a right to be informed about the transfer and must be consulted about any changes to your employment envisaged by your existing or your new employer
  • If you are unfairly dismissed because of the transfer, you may have the right to bring a claim in the Employment Tribunal
  • If your conditions of work have been worsened by the transfer, you may have the right to terminate your contract and claim constructive unfair dismissal

Our experienced employment team has extensive experience acting for employees following the transfer of an undertaking. We can protect your rights under TUPE and help you bring claims against your old or new employer in the Employment Tribunal.

Because we handle employment matters from the perspective of both employees and employers, we can see the bigger picture and understand how both sides think, helping you get the best result. We strive to settle matters before they reach a Tribunal or Court and have the negotiating skills necessary to reach a favourable outcome on your behalf. If matters cannot be settled outside Tribunal or Court, we will provide the best team to fight your corner at the Employment Tribunal or in Court.


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