The implications of handling a TUPE process incorrectly can be exceptionally harmful to a business. I would recommend that tailored advice is obtained, adopting a proactive approach in order to safeguard your business. I have experience and knowledge in this complex area of law which will serve to assist you to deal with problems at the earliest opportunity, thereby avoiding the prospect of having to defend expensive and time consuming proceedings in an Employment Tribunal.
The legislation in this area can seem rather complex and technical, however the underlying purpose is actually pretty straight forward. The Regulations are designed to protect employees if the business they work for changes hands. This can take 2 forms:
- either the business itself transfers or
- there are service provision changes.
In simple terms, TUPE applies when the buyer steps into the seller’s shoes and in so doing they assume the rights and the responsibilities as well as the liabilities of the seller towards the employees. Developing that further, all Employees employed immediately prior to the transfer automatically transfer to the buyer, they are fully protected against having their terms and conditions changed in connection with the transfer. If they are dismissed during the course of the transfer or on account of the transfer, they can take proceedings for automatic unfair dismissal. Obligations are imposed on both the seller and the buyer to inform and consult employee representatives/employees.