Transfer of undertakings. Business owner/ manager briefing

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Transfer of undertakings. Business owner/ manager briefing"

Transcription

1 Transfer of undertakings Business owner/ manager briefing

2 02 Transfer of undertakings: Business owner / manager briefing Transfer of undertakings: manager / business owner briefing on handling TUPE transfers This manager / business owner briefing sets out what you need to know about TUPE and how you can ensure you comply with your employer duties under TUPE and help manage the transfer. TUPE is a complex area, so it is essential to seek expert legal advice for individual circumstances. Where a business, or part of one, is being transferred, both parties (that is the transferor and the transferee) should seek such advice at the earliest possible stage. Make use of the access your DBA membership affords you to our legal partner Humphries Kirk and/ or the HR helpline provided by Croner Consulting. You can t avoid TUPE applying, as the law prevents employers and employees from 'contracting out of' the effects of TUPE. However, it is common practice for old and new employers to negotiate on how to divide any liabilities, which arise by including 'indemnities' in the agreement. The key to successful TUPE transfers lies in good planning. This will include identifying key risks at an early stage and holding a genuine dialogue with employees. 1. What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations TUPE apply to a wide range of situations, known as relevant transfers. The two broad categories are: Business transfer the transfer of a business, or part of a business where there is a transfer of an economic entity that retains its identity; A service provisions change 1 - a client engaging a contractor to do work on its behalf, reassigning such a contract or bringing the work "in-house". TUPE safeguards employees rights when there is a transfer of a business or service from one organisation (the transferor) to another organisation (the transferee). The two key principles of TUPE are that: The transferee becomes the employer of the transferring employees, i.e. those employees who are assigned to the transferring business or service. On the whole, the terms and conditions of employment of the transferring employees transfer with them, including the rights and liabilities relating to the contract. Their continuity of service is also preserved. The transferee takes over the liability for all statutory rights, claims and liabilities arising from the existing contracts of employment, including liabilities for unfair dismissal, equal pay and discrimination claims, including pre-existing claims. For example, if an employee transfers with an existing unresolved grievance, the transferee will be required to deal with it following the transfer. The exception to this rule is certain parts of an occupational pension scheme 2 1 At the time of writing this guide April 2103 there is an ongoing Government consultation on the potential repeal of this part of the TUPE Regulations) 2 In essence, obligations relating to provisions about benefits for old age, invalidity or survivors in employees' occupational pension schemes do not transfer under TUPE. However, under the Pensions Act 2004 (sections 257 and 258) provisions equivalent to the TUPE regulations apply to pension rights. It means that if the previous employer provided a pension scheme then the new employer has to provide some form of pension arrangement for employees who were eligible for, or members of the old employer's scheme. It will not have to be the same as the arrangement provided by the previous employer but will have to be of a certain minimum standard

3 03 Transfer of undertakings: Business owner / manager briefing and criminal liabilities. It may be possible to legally negotiate warranties and indemnities, which will provide a partial, or total, cushion against the financial impact of any claims resulting from the application of TUPE. If you are the transferee, you will be operating two separate sets of terms and conditions: those of transferring employees and those of existing employees in your team / business, which can create practical difficulties. For example, you may need to manage employees with different holiday entitlement, hours of work and bonus arrangements. 2. When does TUPE apply? It is good practice to question whether there is a transfer of undertaking when an organisation is involved in a: merger acquisition sale purchase tendering process change of service or similar situation. Please note: It will be necessary to take specific legal advice to determine whether or not the situation involves a transfer of undertaking. For guidance, TUPE applies when there is a "relevant transfer": The sale of a business: TUPE will arise if the whole or part of an organisation's business is sold. Outsourcing (including first-generation, second-generation and subsequent-generation outsourcing): Outsourcing can be explained by way of an example. Where a national agency (the client) engages a specialist company (provider 1) to provide IT services to all of its offices, this is first-generation outsourcing. Second-generation outsourcing occurs where the agency terminates the contract with provider 1 and appoints a new IT company (provider 2) to provide the services instead. Insourcing: In the example above, insourcing occurs where the agency terminates the arrangement with the IT company (provider 1 or provider 2), and instead manages and operates the IT services itself. Example 1: Two agencies, ABC and XYZ, decide to merge their assets and combine their clients to create a bigger design agency. The partners from both agencies sign a new partnership deed to become ABYZ. TUPE is likely to apply to the transfers of ABC and XYZ to ABYZ and the employees of each agency will be protected. Example 2: A design agency has a department specialising in international brands consultancy service, comprising two partners, say a creative director and client services manager, and three employees. The two partners decide to leave the agency, set up their own business and take their clients with them. TUPE is likely to apply to the transfer of the international brands department to the newly created partnership. Accordingly, the two partners must take the three members of staff with them too. Example 3: A design agency works on briefs from several clients but without dedicating any of its staff to particular accounts. One of the agency s main clients, XYZ, decides to switch to a different design agency. This is unlikely to be a service provision change because there was no organised grouping of employees whose purpose was to carry out the activity for XYZ. Example 4: A digital agency loses an account to another agency. TUPE is likely to apply if there are employees dedicated to the account. But the agency losing the account may not want to lose its staff, the agency winning the account may not want to take on staff and the staff themselves may want to stay with their existing employer or take a redundancy package. Also, the client has probably changed agencies for a reason and is unlikely to want specified under the Pensions Act. CIPD TUPE Factsheet at

4 04 Transfer of undertakings: Business owner / manager briefing all (or perhaps any) of the same staff working for it at the new agency. However, in such cases it may be possible to work within TUPE to avoid most of its implications. TUPE does not apply to transfers: by share take-over of assets only (for example, the sale of equipment alone would!not be covered), but the sale of a going concern including equipment!would be covered of a contract to provide goods or services where this does not!involve the transfer of a business or part of a business. of the supply of goods for the client s use, for example, supplying food to a!client to sell in its staff canteen, rather than a situation where the contractor runs the canteen for the client. 3. Who transfers? TUPE applies only to employees, including those on maternity or sick leave. It does not cover self-employed persons such as, for example, freelancers and subcontractors. Parttime and temporary staff will be covered, so long as they satisfy the test of being an employee. Temps supplied by an employment agency are unlikely to be protected by TUPE, although in rare situations tribunals might be prepared to imply a direct employment relationship between an agency worker and the end-user company, in which case TUPE would apply to them. (For guidance on identifying affected employees, please read sections 4 and 5 of the Further detailed guidance for handling TUPE situations available for download from the DBA Guides area). 4. Duties if there is a transfer of undertaking If there is a transfer of undertaking there is a requirement to consult with all employees affected by the situation. Both the transferor and the transferee must carry out the consultation with their respective affected employees. Top tip: This consultation should take place in good time before the proposed transfer, and with the aim of reaching an agreement. 5. The consultation process key considerations Consultation should be carried out with trade union representatives, or if there are no trade union representatives, with elected employee representatives. The employer should facilitate the election of such representatives. The employer should undertake consultation prior to the transfer with a view to seeking representatives' agreement to the measures to be taken. This duty is less onerous than negotiation, and it is not necessary for the employer to obtain representatives' agreement to the proposed changes. However, the employer needs to undertake consultation in good faith and with a view to reaching agreement. A carefully coordinated consultation exercise, in which employees and their representatives feel engaged from an early stage, with their views and proposals considered and responded to, will assist with the transfer of the workforce from one employer to another. It enables the employer to address any issues and concerns sooner rather than later and prevent disruption to the transfer and business continuity. Top Tip: It is important to remember that employees will often be concerned about the proposed changes, hence it is good practice to allow plenty of time for consultation. It is also good practice to meet with employees individually or in small groups to address any specific concerns that they might have. You, as the employer, should: enter into discussions with an open mind;

5 05 Transfer of undertakings: Business owner / manager briefing apply its mind to the ideas, representations and proposals put forward by representatives; reply to those representations fully; explain whether the representations have been accepted or rejected and, if they have been rejected, give a reasonable explanation for the rejection. Please note: If consultation is not carried out, or is judged to be inadequate in some way, the liability for this lack of consultation is joint and several between the existing company and the company to which employees are to be transferred. The penalty for failing to consult is up to 13 weeks' pay for each employee affected by the transfer, which equates to approximately 25% of the employee's annual salary. 6. Protection for those who are transferred Employees who are transferred to a new employer transfer on all of their current terms and conditions of employment, as well as their continuity of service. You should not, after or in connection with a transfer, make changes to employees' terms and conditions, for example by changing their duties or working hours, or otherwise restructure the service their team is providing in a way that has an impact on employees. Changes to the terms and conditions of employment can only be made if there is a strong Economic, Technical or Organisational reason (ETO) reason for this: Economic - the transferring business is in financial difficulty and the only way for it to survive is to make some changes (such as redundancies) Technical - the only way that the new owner can make the business viable is to introduce new technology that will require changes in the way of working. Organisational - the new owner already has a similar business, and the only way that it can ensure that the new business (the result of the existing and transferred business) can survive is to be merged within the existing organisation structure, which will result in some job losses. This is usually done in the context of a wholesale reorganisation. It is good practice to ensure that this is confirmed in writing. The new employer should write to the employees who are transferred, confirming their terms and conditions of employment. In certain circumstances, it will not be possible for the transferee to operate the terms enjoyed by transferring employees. For example, a transferee is unlikely to be able to replicate a previous employee share scheme. In this situation, the transferee will have to assess the value of the benefit and offer a replacement benefit that is of substantial equivalence. In other circumstances, it may not be desirable for the transferee to operate the terms enjoyed by transferring employees. However, the transferee's ability to change terms and conditions of employment in the context of a transfer is limited. Please note: If you wish to amend transferring employees' (or existing employees') terms and conditions of employment for a reason connected to the transfer, for example, because you no longer wish to manage two sets of terms and conditions, this may be unenforceable, even if it is agreed by the employees. It is essential to seek further expert HR or legal advice, given the restriction relating to changing terms and conditions of employment. The transferee will need to undertake a thorough due diligence process, prior to entering into the transfer agreement. 7. Dismissal as a result of a transfer of undertaking Dismissing an employee as a result of a transfer of undertaking will be an automatically unfair dismissal unless there is a strong ETO for the dismissal (see above for acceptable legitimate ETO reasons).

6 06 Transfer of undertakings: Business owner / manager briefing Dismissal may be possible where the employer can show that it was linked to some form of organisation restructuring or change programme that also results in a change in the number of employees or their job functions. For example, a dismissal in the context of a redundancy exercise is likely to come within this exception. If it is likely that there will be some dismissals, it is good practice to ensure that the employees are made aware of this (having taken legal advice that the dismissals would be covered by an ETO reason). If it is certain that there will be no dismissals on the transfer of undertaking, this should also be communicated to employees to reassure them. 8. Objections from employees A transfer of undertaking can be unsettling for employees. It is important that they receive clear communication at all stages. If there are any individual concerns it is important to meet with the employee to address these concerns. It is strongly advisable to keep notes of such meetings. If an employee objects to the transfer, you should listen to and addressed their concerns as part of the consultation process. If the transfer is to go ahead despite the objections, then the employee can refuse to transfer to the new employer. Please note: In such a situation this would be a resignation and not a redundancy situation. It is good practice to ensure that the employee fully understands the implications of refusing to transfer. 9. Working with the new employer The new employer will receive a lot of information through the due diligence process and as part of agreeing the commercial contract. The existing employer is required to supply the new employer with: the identity of the employees who will transfer the age of those employees information contained in those employees' statements of employment particulars information relating to any collective agreements applying to those employees instances of any disciplinary action within the preceding two years taken by the employer against those employees instances of any grievances raised by those employees within the preceding two years instances of any legal actions taken by those employees against the employer in the previous two years, and instances of any potential legal actions that may be brought by those employees. If the employer uses agency workers, the number of agency workers working for it temporarily and under its supervision and direction, the parts of the business in which they work and the type of work that they do. Line managers will often have the most upto-date information on the organisation's use of agency workers. Please note: If this information is not provided, or is inaccurate, the new employer can complain to the Employment Tribunal and an award of up to 500 per employee can be made. It is good practice to work closely with the new employer to ensure that the disruption to employees who are transferring is minimal. 10. Employees remaining with the transferor Where the transferor retains some employees after the transfer, for example where an agency sells its digital division and retains its branding division, employees who do not transfer may still be affected by the transfer. For example, they may need to deal with a different management structure, changed job duties or the departure of colleagues and friends. You and your managers who are staying behind with the transferor have an important role to play in supporting these employees after the transfer to maintain business continuity.

7 07 Transfer of undertakings: Business owner / manager briefing It is good practice to: communicate regularly with employees, including listening to their concerns and taking steps to address them; and participate in a team-building event or strategy day, which will encourage employees to air their concerns and to regroup and focus on the future. Information in this document is provided for guidance only and should not be regarded as an authoritative statement of the law, which can only be made by reference to the particular circumstances which apply. It may, therefore, be wise to seek further employment or legal advice.

The Transfer of Undertakings (Protection Of Employment) Regulations 2006 "TUPE"

The Transfer of Undertakings (Protection Of Employment) Regulations 2006 TUPE Revised April 2006. This information leaflet gives you introductory guidance to the 2006 TUPE regulations. It does not however give you legal advice. If you need legal advice please contact Matthew Parkinson

More information

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE )

The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) The Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE ) what is TUPE? Prior to 1981 employees were afforded little protection when their employer changed as a result of the sale

More information

HR & OD POLICIES. TUPE Manager Q&A

HR & OD POLICIES. TUPE Manager Q&A Q. What constitutes a transfer of undertaking under the Transfer of Undertaking (Protection of Employment) Regulations 2006 ()? A. As a general guide, a transfer is said to have taken place when the whole

More information

A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006

A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 A GUIDE TO THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 Jennifer McGrandle & Abigail Black Mayer Brown Type: Published: Last Updated: Keywords: Legal Guide 13.01.2012 13.01.2012

More information

TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide

TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide TUPE : The Transfer of Undertakings (Protection of Employment Regulations) 2006 A Brief Guide The following is intended to provide a brief introduction to the subject of TUPE. It explains some of the key

More information

TUPE Redundancy Restructuring

TUPE Redundancy Restructuring Thinking the unthinkable TUPE Redundancy Restructuring Mark Makin Acas Senior Adviser Aims and objectives of today By the end of this session we will: provide an overview of the Transfer of Undertakings

More information

THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006

THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT) REGULATIONS 2006 EMPLOYMENT BACKGROUND What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE has

More information

TUPE. Due. Diligence. suitable. This Due. levels of NCVO. it should

TUPE. Due. Diligence. suitable. This Due. levels of NCVO. it should TUPE Due Diligence Checklist August 2012, NCVO http://www.ncvo-vol.org.uk/psd/commissioning/tupe This Due Diligence checklist is for use by voluntary, community and social enterprise organisations conducting

More information

TUPE 2006 Detailed Analysis

TUPE 2006 Detailed Analysis that activity is central or ancillary. Under existing case law this can include an organised group of one person! TUPE 2006 Detailed Analysis The TUPE 2006 Regulations completely replace the 1981 Regulations

More information

Transfers of undertakings an introduction

Transfers of undertakings an introduction Transfers of undertakings an introduction January 2014 The law relating to transfers of undertakings is notoriously complex and is constantly developing. Inevitably, this account can only be an introduction,

More information

MAYFIELD SCHOOL. Author: Torbay Human Resources [April 2011] Renewed 9 th November 2015

MAYFIELD SCHOOL. Author: Torbay Human Resources [April 2011] Renewed 9 th November 2015 MAYFIELD SCHOOL Policy: TUPE Guidelines for Managers Author: Torbay Human Resources [April 2011] Governors Committee: Leadership Date adopted: 23 rd May 2011 Renewed 9 th November 2015 Next review: Autumn

More information

TUPE AND OUTSOURCING. Louise McCartney Charity Sector Procurement Group 15 th June 2011

TUPE AND OUTSOURCING. Louise McCartney Charity Sector Procurement Group 15 th June 2011 TUPE AND OUTSOURCING Louise McCartney Charity Sector Procurement Group 15 th June 2011 Bates Wells & Braithwaite 2009 Transfer of Undertakings (Protection of Employment Regulations) 2006 What is TUPE?

More information

VOIP 2000 - HR Direct Fife Council June 2011 Page 1 of 10 MC70

VOIP 2000 - HR Direct Fife Council June 2011 Page 1 of 10 MC70 Managing Workforce Change: Transfer of Undertakings (TUPE) P r o c e d u r e This procedure should be applied where there is a transfer of work from one employer to another. The procedure covers the following

More information

LEGAL UPDATES AND FACTSHEETS

LEGAL UPDATES AND FACTSHEETS LEGAL UPDATES AND FACTSHEETS TRANSFER OF UNDERTAKINGS (TUPE) PREFACE: TUPE 1981: This factsheet looks at the law surrounding the transfer of undertakings, established by The Transfer of Undertakings (Protection

More information

Employment Law. Jeremy Allin Sue Evans Emma Ladley. March 2013

Employment Law. Jeremy Allin Sue Evans Emma Ladley. March 2013 Employment Law Jeremy Allin Sue Evans Emma Ladley March 2013 What will we be talking about? Keeping afloat An overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006 ( TUPE

More information

TUPE POLICY AND PROCEDURE FOR SCHOOLS / ACADEMIES

TUPE POLICY AND PROCEDURE FOR SCHOOLS / ACADEMIES BRINKWORTH EARL DANBY S CE PRIMARY SCHOOL Serving the communities of Brinkworth and Dauntsey VISION Believe to Achieve! To provide a secure, happy and stimulating learning environment in which EVERYONE

More information

The EC3\Legal Guide to TUPE

The EC3\Legal Guide to TUPE The EC3\Legal Guide to TUPE Overview and the 2014 Regulations Marina Garston Legal Director +44 (0)203 553 4879 marina@ec3legal.com This guide focuses on the main provisions of TUPE and takes into account

More information

Legal Masterclass: TUPE and Pensions

Legal Masterclass: TUPE and Pensions Legal Masterclass: TUPE and Pensions February 2014 Rhian Brace Partner, Employment What we are going to cover Introduction and Context TUPE Overview Contractual Issues and Due Diligence Pensions Transforming

More information

TUPE STEVEN FLYNN. Barrister. St John s Buildings. June 2015 St John s Buildings 1

TUPE STEVEN FLYNN. Barrister. St John s Buildings. June 2015 St John s Buildings 1 TUPE Barrister St John s Buildings June 2015 St John s Buildings 1 TUPE CHANGES AT A GLANCE Relevant transfers Service provision changes Change 1: The activities carried out under outsourced or tendered

More information

TUPE - The Latest. special reports

TUPE - The Latest. special reports What if employees don t want to transfer? An employee has the fundamental freedom to choose their employer. Therefore, on notification of the proposed transfer, an employee has the right not to transfer

More information

Briefing on TUPE and Bristol Youth Links. 9 March 2012. Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur

Briefing on TUPE and Bristol Youth Links. 9 March 2012. Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur Briefing on TUPE and Bristol Youth Links 9 March 2012 Jeremy Harrison, Charity HR Simon Collinridge, Sherbornes Solicitors LLP Mark Hubbard, Voscur Aims of the session To provide an overview of TUPE regulations

More information

Welcome. Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com

Welcome. Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com 1 Welcome Donna Gibb, HR Service Manager Elaine Masson, Senior Employment Trainer Empire 01224 701383 e.masson@empirehr.com 2 Today s Session Employment Law Update - Where are we now and where are we going?

More information

TUPE Guidance for Social Care Managers. Guidance from the Voluntary Sector Social Services Workforce Unit

TUPE Guidance for Social Care Managers. Guidance from the Voluntary Sector Social Services Workforce Unit TUPE Guidance for Social Care Managers Guidance from the Voluntary Sector Social Services Workforce Unit August 2009 Contents Purpose of the guide 3 Background 3 What is TUPE? 3 When does it apply? 3 Who

More information

Transfer of Undertakings. (Protection of Employment) Regulations 2006

Transfer of Undertakings. (Protection of Employment) Regulations 2006 Transfer of Undertakings (Protection of Employment) Regulations 2006 A brief guide to the Transfer of Undertakings (Protection of Employment) Regulations 2006 Published by Unite the Union General Secretary

More information

FREQUENTLY ASKED QUESTIONS TUPE

FREQUENTLY ASKED QUESTIONS TUPE FREQUENTLY ASKED QUESTIONS TUPE DATE: 25 th July 2014 VERSION: 4 AUTHORS: HR ADVISORY NUMBER QUESTION ANSWER 1 What is TUPE? TUPE is an abbreviation for the Transfer of Undertakings (Protection of Employment)

More information

2014 changes to TUPE

2014 changes to TUPE 2014 changes to TUPE Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up to date with today s employment

More information

Guide to Redundancy. A guide by Burton & Dyson

Guide to Redundancy. A guide by Burton & Dyson Guide to Redundancy A guide by Burton & Dyson Introduction When a business has to make people redundant, it is never a decision that is taken lightly and is a process that is likely to cause anxiety and

More information

TUPE FAQs. for property transactions

TUPE FAQs. for property transactions TUPE FAQs for property transactions To assist in understanding what TUPE is and its application to property transactions, we have set out below the top ten frequently asked questions we receive from our

More information

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006

2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT. The Transfer of Undertakings (Protection of Employment) Regulations 2006 STATUTORY INSTRUMENTS 2006 No. 246 TERMS AND CONDITIONS OF EMPLOYMENT The Transfer of Undertakings (Protection of Employment) Regulations 2006 Made - - - - 6th February 2006 Laid before Parliament 7th

More information

General Functions Committee. Meeting Date 22 July 2013 Subject. Insource May Gurney Recycling TUPE Transfer StreetScene Director.

General Functions Committee. Meeting Date 22 July 2013 Subject. Insource May Gurney Recycling TUPE Transfer StreetScene Director. Meeting Date 22 July 2013 Subject Report of Summary General Functions Committee Insource May Gurney Recycling TUPE Transfer StreetScene Director This report relates to the transfer into Barnet of current

More information

Briefing Note. Transfer of Undertaking (Protection of Employment) Regulations 2006. Overview of the Regulations. Transfers Covered by the Regulations

Briefing Note. Transfer of Undertaking (Protection of Employment) Regulations 2006. Overview of the Regulations. Transfers Covered by the Regulations Briefing Note Transfer of Undertaking (Protection of Employment) Regulations 2006 The purpose of this Briefing Note is to provide a summary of the effect of the Transfer of Undertakings (Protection of

More information

T.U.P.E. Transfers. Cathy Taylor 1 May 2015. 8 May, 2015 British Medical Association

T.U.P.E. Transfers. Cathy Taylor 1 May 2015. 8 May, 2015 British Medical Association T.U.P.E. Transfers Cathy Taylor 1 May 2015 What is T.U.P.E.? Transfer of Undertakings for the Protection of Employment (2006) 2 When does it apply? The regulations apply when: a business or undertaking,

More information

TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20

TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20 Advice TUPE Regulations Staff contracts when you buy or sell a practice Advice Note 20 The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE ) provide legal protection

More information

TUPE: Frequently Asked Questions For Schools becoming an Academy

TUPE: Frequently Asked Questions For Schools becoming an Academy TUPE: Frequently Asked Questions For Schools becoming an Academy 1. PURPOSE This document is for Governors, Head Teachers and staff of schools who have received the Academy Order from the Department for

More information

working together, stronger together working together, stronger together TUPE

working together, stronger together working together, stronger together TUPE working together, stronger together working together, stronger together TUPE 1 TUPE Contents 1. What is TUPE? 2 2. The automatic transfer principle 3 3. When TUPE applies 3 4. When TUPE does not apply

More information

Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006

Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006 TUPE Overview of the Transfer of Undertakings (Protection of Employment) Regulations 2006... 1 Service Provision Changes... 1 Employer Liability Information... 2 Liability for Failure to Inform and Consult

More information

BUSINESS TRANSFERS. Barry Hough

BUSINESS TRANSFERS. Barry Hough BUSINESS TRANSFERS Barry Hough Employment Law Free Advice Clinic Martine Eneas 02392 844080 Martine.eneas@port.ac.uk This lecture Commercial background Does TUPE apply? Consultation with workforce by vendor

More information

TUPE: in a nutshell. Newsletter 1 December 1 st 2014. www.fb-education.co.uk 01332 227596

TUPE: in a nutshell. Newsletter 1 December 1 st 2014. www.fb-education.co.uk 01332 227596 TUPE: in a nutshell Newsletter 1 December 1 st 2014 www.fb-education.co.uk 01332 227596 TUPE in a nutshell By Natalie Peacock Employment Solicitor for Education What is TUPE? TUPE is an abbreviation for

More information

TRANSFER OF UNDERTAKINGS (TUPE)

TRANSFER OF UNDERTAKINGS (TUPE) Employment Manual TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS TRANSFER OF UNDERTAKINGS (TUPE) TOOLKIT FOR MANAGERS CONTENTS TABLE TRANSFER OF UNDERTAKINGS (TUPE)...2 TOOLKIT FOR MANAGERS...2 INTRODUCTION...2

More information

TUPE or not TUPE. www.apse.org.uk

TUPE or not TUPE. www.apse.org.uk www.apse.org.uk TUPE or not TUPE www.apse.org.uk Changes to TUPE Why and when Why: View that the regulations are convoluted and difficult and stifle innovation But: They had bedded down and now we will

More information

Employment law changes for 2014 what do they mean for your business?

Employment law changes for 2014 what do they mean for your business? Employment law changes for 2014 what do they mean for your business? Employment law has constantly changed and evolved over the last number of years. This year marks a number of further changes including

More information

Redundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network

Redundancy. A Guide. 4500 Lawyers 87 Firms 57 Countries TOP RANKED CHAMBERS GLOBAL 2013. Leading Law Firm Network Redundancy A Guide TOP RANKED CHAMBERS GLOBAL 2013 Leading Law Firm Network 4500 Lawyers 87 Firms 57 Countries INTRODUCTION The decision to make employees redundant is never one that is taken lightly.

More information

Wiltshire Council Human Resources. TUPE Guidance for Managers

Wiltshire Council Human Resources. TUPE Guidance for Managers Wiltshire Council Human Resources TUPE Guidance for Managers This guidance can be made available in other languages and formats such as large print and audio on request. What is it? TUPE stands for the

More information

EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING

EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING EMPLOYMENT RIGHTS ON THE TRANSFER OF AN UNDERTAKING A guide to the 2006 TUPE Regulations (as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations

More information

Employee pension rights after a TUPE transfer

Employee pension rights after a TUPE transfer Employee pension rights after a TUPE transfer June 2006 Contents Introduction History of TUPE and pensions Public sector contracts The Pensions Act 2004 The general principles Pension obligations on TUPE

More information

Varying a contract of employment

Varying a contract of employment Varying a contract of employment We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date with today s

More information

Acquired Rights Directive: A Practical Approach for Navigating European HR Laws

Acquired Rights Directive: A Practical Approach for Navigating European HR Laws 0 Acquired Rights Directive: A Practical Approach for Navigating European HR Laws Duncan Aitchison Sarah Seabury Jon Lightman 7 December 2006 Copyright 2006, Technology Partners Copyright International,

More information

DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT

DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT DENTAL ACCESS PROGRAMME GUIDE TO THE USE OF SCHEDULE 18 (STAFF TRANSFER) AND TUPE TRANSFERS UNDER THE PDS PLUS AGREEMENT Beachcroft LLP 7 Park Square East Leeds LS1 2LW UK tel: +44 (0) 113 251 4700 fax:

More information

Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners

Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners Bristol City Council TUPE (Transfer of Undertakings (Protection Of Employment)) Guidance for Commissioners 1. Introduction TUPE is shorthand for the provisions of the Transfer of Undertakings (Protection

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013

TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013 TUPE made Interesting! Ed Jenneson Ed Heppel Tuesday, 8 October 2013 Topics for today's briefing: When does TUPE apply? Effects of TUPE Changes to Terms and Conditions Future changes Background Pre 1981

More information

Subcontracting. Modules 5 and 6

Subcontracting. Modules 5 and 6 Subcontracting A guide to the legal implications of the Industry Standard Partnering Agreement for voluntary, community and social enterprise organisations Modules 5 and 6 HR implications including TUPE

More information

Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001. This policy is suitable for Public Disclosure

Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001. This policy is suitable for Public Disclosure Derbyshire Constabulary REORGANISATION, REDUNDANCY AND REDEPLOYMENT POLICY POLICY REFERENCE 05/001 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Human Resources Date Approved:

More information

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES

COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES COMPENSATION UPON TERMINATION OF APPOINTMENTS OF DIRECTORS AND SENIOR EXECUTIVES DIRECTORS ADVISORY SERVICE FACTSHEET These Guidance Notes provide an outline of the relevant provisions, but they are not

More information

Policy & Procedure. Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings

Policy & Procedure. Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings Specific Instructions to Tenderers for Contracted- Out Services relating to Transfer of Undertakings 1. Your attention is drawn to SI 131 of 2003 entitled European Communities (Protection of Employees

More information

1. Questions relating to whether a transfer of undertaking will take place

1. Questions relating to whether a transfer of undertaking will take place People Service Leaving the Department and Pensions Staff Transfers TUPE Out Document Title Frequently Asked Questions (FAQs) Brief for Line Managers and United Kingdom Based Civilian (UKBC) Employees Owner

More information

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY

Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. All employees can bring a claim of

More information

Agency Workers Regulations 2010

Agency Workers Regulations 2010 Agency Workers Regulations 2010 Briefing for hirers - August 2011 CONTENTS 1. Background 2. What are the Agency Worker Regulations? 3. Who is an agency worker for the purposes of the Regulations? 4. What

More information

HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR

HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR HIRING,EMPLOYING & DISMISSING MIGRANT WORKERS - THE ESSENTIALS FOR UK HR 28 February 2013 Rose Carey Head of Immigration Anne-Marie Balfour Senior Solicitor, Employment Rose Carey Rose Carey Partner &

More information

Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition. 9 June 2015

Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition. 9 June 2015 Buying a business in Europe: understanding the employment issues and how to ensure a smooth acquisition 9 June 2015 1 Agenda The impact of the Acquired Rights Directive on the purchase of a business How

More information

Examining the 10 most common employment law myths. Newsletter 4 February 4 th 2015. www.fb-education.co.uk 01332 227596

Examining the 10 most common employment law myths. Newsletter 4 February 4 th 2015. www.fb-education.co.uk 01332 227596 Examining the 10 most common employment law myths Newsletter 4 February 4 th 2015 www.fb-education.co.uk 01332 227596 10 most common employment law myths By Andrew Nicklin Employment Solicitor for Education

More information

Beachcroft working with NHS North West. Transforming Community Services TUPE Toolkit and TUPE Guidance

Beachcroft working with NHS North West. Transforming Community Services TUPE Toolkit and TUPE Guidance Beachcroft working with NHS North West Transforming Community Services TUPE Toolkit and TUPE Guidance Summer 2010 Working with NHS North West, Beachcroft have developed a TUPE Toolkit and training session

More information

Capitalising opportunities

Capitalising opportunities Capitalising opportunities 1 Welcome We are an internationally established supplier of human resource services throughout Europe and the US, representing many years of experience in employing over 23,000

More information

Revised Code of Practice on Workforce Matters

Revised Code of Practice on Workforce Matters Revised Code of Practice on Workforce Matters Procurement Advice Note (PAN) for the Public Sector in Wales Page 1 of 29 Contents Section No. Section Name Page No. 1. Introduction 3 (i) Points to Note (ii)

More information

TUPE. A Guide for Schools

TUPE. A Guide for Schools TUPE A Guide for Schools Contents Checklist/Summary Paragraph Number 1. Introduction 2. Outsourcing (and Insourcing) 3. The Decision to Proceed 4. Selecting a Provider 5. The Contract Specification 6.

More information

MANAGING CHANGE IN WORKPLACE PENSIONS

MANAGING CHANGE IN WORKPLACE PENSIONS MANAGING CHANGE IN WORKPLACE PENSIONS CHANGES IN THE LAW: -autoenrolment -age discrimination -tax issues COMPETITIVE ADVANTAGE: -attracting the best -retention -level playing field HARMONISATION -pension

More information

Responding to the Agency Workers regulations 2010. A checklist for employers from Brightred Resourcing Limited

Responding to the Agency Workers regulations 2010. A checklist for employers from Brightred Resourcing Limited Responding to the Agency Workers regulations 2010 A checklist for employers from Brightred Resourcing Limited Effective as of 1st October 2011, and not retrospective As applies to Agency Workers An agency

More information

Employment in community buildings

Employment in community buildings Employment in community buildings Employment in community buildings Most village halls employ some staff, generally part time. As a result trustees must be aware of their responsibilities as employers.

More information

Restructure, Redeployment and Redundancy

Restructure, Redeployment and Redundancy Restructure, Redeployment and Redundancy Purpose and Scope From time to time the Lake District National Park Authority will need to reorganise its services and staffing to meet changes that arise in future

More information

http://www.pbookshop.com

http://www.pbookshop.com 8 EMPLOYEE LIABILITY INFORMATION A. Introduction 8.01 1. Th e Directive 8.01 2. TUPE 2006 8.03 B. Employees 8.07 C. Information 8.09 1. Prescribed information 8.09 2. Employment particulars 8.11 3. Disciplinary

More information

TOP 10 MYTHS OF EMPLOYMENT LAW

TOP 10 MYTHS OF EMPLOYMENT LAW w TOP 10 MYTHS OF EMPLOYMENT LAW As an Employment Lawyer I often come across employers who are ill informed about employment law. They frequently believe in a number of myths about the law which are either

More information

HR MANAGEMENT GUIDELINES (HR/D02) TUPE

HR MANAGEMENT GUIDELINES (HR/D02) TUPE HR MANAGEMENT GUIDELINES (HR/D02) TUPE TUPE MANAGEMENT GUIDELINES CONTENTS PAGE SECTION PAGE 1. TUPE: definition 1 2. When TUPE applies 1 3. HR involvement 1 4. The employees transferring in 2 5. The employees

More information

Dealing with disputes at work

Dealing with disputes at work Factsheet 70 November 2013 About this factsheet This factsheet is aimed at older people who are in work and covers information on dealing with a dispute with an employer, including taking legal action.

More information

New TUPE Regulations. Brochure More information from http://www.researchandmarkets.com/reports/1846023/

New TUPE Regulations. Brochure More information from http://www.researchandmarkets.com/reports/1846023/ Brochure More information from http://www.researchandmarkets.com/reports/1846023/ New TUPE Regulations Description: The new TUPE regulations came into force on 6 April 2006 what do they mean for your future

More information

TAUHEEDUL EDUCATION TRUST

TAUHEEDUL EDUCATION TRUST TAUHEEDUL EDUCATION TRUST JOB DESCRIPTION Job Title: Base: Head of Human Resources Tauheedul Education Trust Central Office Reports to: Chief Executive Grade: TSM4 Sc 54-59 Staff Responsibility for: As

More information

Employee vs. Self-Employed: How to Check?

Employee vs. Self-Employed: How to Check? It is not uncommon for a business to sponsor students to advance their training, particularly where there is an expectation (or commitment) that the student will work for the company at the end of the

More information

Briefing note TUPE changes from 31 January 2014

Briefing note TUPE changes from 31 January 2014 Briefing note TUPE changes from 31 January 2014 The amendments to the TUPE Regulations will come into force on 31 January 2014 and apply to TUPE transfers that take place on or after that date. This Briefing

More information

Factsheet 15: Being a good employer

Factsheet 15: Being a good employer Factsheet 15: Being a good employer There are many things to consider to make your organisation an effective, flexible and efficient employer. These range from legal compliance (much of which is included

More information

AND REDUNDANCY. Summary of the law on

AND REDUNDANCY. Summary of the law on Summary of the law on UNFAIR DISMISSAL AND REDUNDANCY Workers are protected under the Employment Rights Act 1996 from being sacked or chosen unfairly for redundancy. This booklet provides a basic outline

More information

INFORMATION FOR SCHOOLS AND HUMAN RESOURCES PROVIDERS IN RELATION TO THE TRANSFER OF EMPLOYEES FROM LOCAL AUTHORITY TO ACADEMY OR TRUST EMPLOYMENT

INFORMATION FOR SCHOOLS AND HUMAN RESOURCES PROVIDERS IN RELATION TO THE TRANSFER OF EMPLOYEES FROM LOCAL AUTHORITY TO ACADEMY OR TRUST EMPLOYMENT Academy TUPE Guidelines GUIDANCE NOTE INFORMATION FOR SCHOOLS AND HUMAN RESOURCES PROVIDERS IN RELATION TO THE TRANSFER OF EMPLOYEES FROM LOCAL AUTHORITY TO ACADEMY OR TRUST EMPLOYMENT 1. BACKGROUND The

More information

EQUAL PAY FOR LIKE WORK TAKING A CLAIM

EQUAL PAY FOR LIKE WORK TAKING A CLAIM Department of Economic Development Rheynn Lhiasaghey Tarmaynagh EQUAL PAY FOR LIKE WORK TAKING A CLAIM The leaflet is a guide and has no status in law. It does not cover all the rules for every situation,

More information

Secondment. Managing People. Secondment Fife Council May 2008 1 TE12 CONTENTS. Tracking Secondments 5. 1. What is a Secondment? 2

Secondment. Managing People. Secondment Fife Council May 2008 1 TE12 CONTENTS. Tracking Secondments 5. 1. What is a Secondment? 2 G u i d e l i n e s CONTENTS 1. What is a? 2 Definition 2 Identifying a Opportunity 2 Terms of Employment 2 2. Application for 2 Temporary Posts 3 Exchange of Employees Scheme 3 3. Before 3 Reaching Agreement

More information

Briefing Note: Employment Status

Briefing Note: Employment Status An Introduction to the Briefing Note This Briefing Note explains the significance of the distinction between an employee, a worker and a self-employed contractor. It also sets out the factors that will

More information

Employee Rights. Everything you need to know

Employee Rights. Everything you need to know Employee Rights Everything you need to know If you have a complaint about any element of your work, then you must obtain urgent legal advice. The best way to obtain advice is to contact us immediately.

More information

Trade Union Representation in the Workplace. booklet

Trade Union Representation in the Workplace. booklet Trade Union Representation in the Workplace booklet Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right

More information

Trade Union Representation in the Workplace. booklet

Trade Union Representation in the Workplace. booklet Trade Union Representation in the Workplace booklet Acas can help with your employment relations needs We inform, advise, train and work with you Every year Acas helps employers and employees from thousands

More information

A summary of the law on: Unfair Dismissal and Redundancy

A summary of the law on: Unfair Dismissal and Redundancy A summary of the law on: Unfair Dismissal and Redundancy Employees are protected under the Employment Rights (Northern Ireland) Order 1996 from being unfairly dismissed or chosen unfairly for redundancy.

More information

A Guide to Settlement Agreements

A Guide to Settlement Agreements A Guide to Settlement Agreements Please contact us to discuss your Settlement Agreement in more detail. Whether you are an Employer or an Employee we shall be delighted to help with your Settlement Agreement.

More information

One company 8 specialisms an inclusive partnership

One company 8 specialisms an inclusive partnership One company 8 specialisms an inclusive partnership Accountancy & Finance Construction - Professional & Technical Engineering Human Resources Industrial IT Office Support Trades & Labour Is your business

More information

Summary of the law on FAMILY FRIENDLY RIGHTS

Summary of the law on FAMILY FRIENDLY RIGHTS Summary of the law on FAMILY FRIENDLY RIGHTS Family friendly rights include, maternity, paternity and parental leave and rights for part-time workers. This booklet is solely concerned with the employment

More information

Christian Bayart, Ilse Bosmans & Pieter De Koster * * Part of this chapter was co-written by Caroline Deiteren.

Christian Bayart, Ilse Bosmans & Pieter De Koster * * Part of this chapter was co-written by Caroline Deiteren. Chapter 10 Employment Issues General Christian Bayart, Ilse Bosmans & Pieter De Koster * 1 INTRODUCTION This chapter examines the employment law issues that should be considered in an outsourcing transaction.

More information

Guide to working with freelancers

Guide to working with freelancers Guide to working with freelancers 02 Guide to working with freelancers Guide to working with freelancers Introduction The term free lance was coined by Sir Walter Scott in 1819, in his novel Ivanhoe. But

More information

Charity. Charity Volunteers. A best practice guide

Charity. Charity Volunteers. A best practice guide Charity Charity Volunteers A best practice guide 1 Charity Volunteers Charity Most charities rely heavily on volunteers so charities do need to be aware of the legal position of volunteers and review regularly

More information

Hiring Agency Workers Policy

Hiring Agency Workers Policy Hiring Agency Workers Policy 1. Policy Statement 1.1 The University of Edinburgh is committed to ensuring that it delivers excellent academic, student and professional support services at all times. The

More information

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES This guide tells you about new rights and procedures you must follow if you have a grievance in work are facing

More information

FEBRUARY BLOG UPDATE ON TUPE UNFAIR APPOINTMENT REVIEW PERIOD

FEBRUARY BLOG UPDATE ON TUPE UNFAIR APPOINTMENT REVIEW PERIOD FEBRUARY BLOG Make sure that you are managing your employees well and dealing with issues head on. more... UPDATE ON TUPE We provide an overview of the TUPE regulations and the amendments which came into

More information

Employment. Issues for growing businesses

Employment. Issues for growing businesses Issues for growing businesses Employment and recruitment legal issues for employing staff Employing staff, and especially employing your first member of staff, can be a minefield for growing businesses.

More information

Guide for Local Government Pension Scheme employers and admission bodies

Guide for Local Government Pension Scheme employers and admission bodies Preparing for automatic enrolment Guide for Local Government Pension Scheme employers and admission bodies June 2013 A Introduction This guide is intended to highlight key aspects of the automatic enrolment

More information

EU Employment Law Euro Info Centre December 2006

EU Employment Law Euro Info Centre December 2006 EU Employment Law Euro Info Centre December 2006 CONTENTS EU Employment Law 2 1. Anti-discrimination 2 2 2 2. Equal treatment of men and women in the workplace 3 3 3 3. Fixed and part time work including

More information

Employment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661

Employment Law Update - Heptonstalls Solicitors October 2015 Issue 178. Shaun Pinchbeck LL.B shaun.pinchbeck@heptonstalls.co.uk Tel: 01405 765661 Welcome to the latest edition of our Employment Law update. If you have any questions arising from these articles or any other queries, please do not hesitate to contact Shaun Pinchbeck, Head of Employment

More information