TRANSFER OF UNDERTAKINGS SOLICITOR - TUPE LEGAL ADVICE

Transfer of Undertakings (Protection of Employment) Regulations (TUPE) were created in order to provide job security for employees that may be affected by the whole or partial mergers and/or sale of the business by which they are employed. These sales and mergers are known as a “transfer of undertakings”.

Under the TUPE Regulations, when one company is sold to another company, the first company’s previous employees are now automatically employed by the new owner. TUPE Regulations provide that an individual employed by one employer should maintain their employment under the previous terms and conditions. These Regulations are applicable to all businesses, regardless of size; all companies, from large corporations to small family businesses, are covered. Typically, these Regulations are not applicable to individuals working outside the UK.

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A dismissal is deemed unfair if the dismissed employee is terminated due primarily to the transfer of undertakings. In these cases, the employee can bring the case before the Employment Tribunal so long as they have been in the employ of the organization for at least a year. Claims must be filed within three months of dismissal. So as not to be ordered to pay compensation to a dismissed employee, an employer must prove they acted in a reasonable manner and that the firing was primarily based on an “economic, organizational or technical necessity.” The employer may still have to pay compensation in the form of redundancy payments, even if the dismissal is shown to be fair.

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TUPE Regulations stipulate that an individual can file a constructive dismissal claim if a substantial change in the conditions of their employment occurs, forcing the employee to resign due to unacceptable working conditions. An employee may not claim constructive dismissal, however, based only on a change in the identity of the employer.

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All employee representatives are required to receive advance notification of a transfer or anything related to a transfer. Failure to comply with this notification requirement may result in compensation of up to 13 weeks of pay. If the employee is not properly represented by a union or other appropriate representative, a representative will be elected.

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To receive free, confidential advice about making application to an employment tribunal for an unfair dismissal claim, or if you have quit after a transfer of undertakings and feel you may have a constructive dismissal case, email our offices or call our helpline. Timing is critical in these cases, so contact a knowledgeable and experienced solicitor today.

SOLICITORS HELPLINE 0844 332 0018