Changing Course
What is TUPE and how Does it work?
We've had a fantastic experience working with HR Dept. The team is very communicative, quick to respond, and invested in helping us improve. They've been helpful in streamlining our internal processes, making things much more efficient and organised. Their support has taken a lot off our plate, and we’re really grateful for their professionalism and expertise. Highly recommend!Emily,
I've received excellent support from the HR Dept. Everyone I've interacted with has been highly professional, knowledgeable, and consistently willing to help. In particular, Adam Wood has been incredibly supportive over the past six months, providing invaluable assistance on a range of projectsOlivia,
Clear advice, supportive and professional. The input from HR Dept helped to make a potentially difficult situation far less difficult for everyone involved.Julia,
We used the HR Dept to manage a project that involved a significant number of redundancies within a complex context. They were superb- providing us with clear, professional advice at all times and supporting us as a management team as well. In their interactions with employees they were empathetic and effective. Our main contacts were Fintan O'Toole and Ali Day- they were both excellent.Jane,
Transfer of employees from one company to another
Are you considering buying or merging with another company? Or selling all or part of your business?
Perhaps you have recently lost a contract and need to transfer employees?
If you are managing TUPE for employees, you may well find yourself caught up in the bewildering world of TUPE regulations.
TUPE stands for Transfer of Undertakings Protection of Employment rights. It is the law that protects employees, and their benefits, when their employment changes hands.
TUPE regulations govern the transfer of employees from one company to another (in part or full).
This can include both business takeovers and service provision changes, like outsourcing, insourcing or assignment to a new contractor, e.g. office cleaning or catering.
This legislation is complex and easy to get wrong. And it’s even more risky if you haven’t fully understood your obligations as an employer. Failure to comply with TUPE management requirements can result in financial penalty.
TUPE can be tricky
Protecting your business with TUPE for employees
You don’t have to figure this out on your own. Our HR professionals can provide you with a complete TUPE management service keeping you on the right side of employment law.
This includes establishing if TUPE applies to your business and walking you through the TUPE for employees consultation process.
We will provide you with up-to-date advice, any required letters and ensure that the correct information is shared between the two companies involved in the TUPE transfer.
If you take up one of our pay-monthly insured services, we can even offer you additional TUPE cover. This will give you complete peace of mind that your business is protected from unexpected claims that result from the transfer process.
As with all our services, we will work closely with you to provide the level of support that is right for you. We’re not some call centre a million miles away. We’re locally based and can even pop in and chat face-to-face to find out your exact needs.
If you’d like to know more about how we can help you manage TUPE for employees, simply call or email us to discuss next steps.
Up next learn more about company policies.
TUPE for employees FAQ
Under TUPE, you are legally obliged to provide the incoming employer with written details about the transferring employees, including:
- Age
- Identity
- Pension
- Full Terms and conditions of contract
- Pay details including deductions from wages
- Any grievance or disciplinary records
- Claims
- Collective agreements
- Associated rights and liabilities
This is also referred to as Employee Liability Information. If you don’t provide this, you may be forced to pay a minimum compensation amount of £500 per employee.
No. It is a breach of contract if the new employer fails to meet the terms and conditions of the employment contract. Terms can only be changed if an employee changes their role within the company.
Employee representatives must be made aware that the transfer is happening, as well as why and when it will take place. They must also be told how the transfer will affect them, and whether there will be changes to the structure of the business.
Anyone is protected under TUPE as long as they’re legally classed as an employee. This means they have to have an employment contract and do regular work for you.
You may be unclear about a person’s employment status if they’re on a fixed-term or rolling contract, on a work placement or hold shares in the business, in which case you should speak to us.
Micro-businesses (those with fewer than 10 employees) are exempt from the requirement to hold elections for employee representatives where there is no recognised union or existing appropriate representatives. They must still inform and consult but can do so directly with the affected employees. The exemption applies only to micro-businesses; larger employers must hold elections where there are no existing representatives, even if fewer than 10 employees are affected by the transfer.
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