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

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

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

Transcription

1 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 basic ideas relating to TUPE and should not be taken or treated as legal advice. Please telephone the Markel Helpline with any specific queries or problems relating to issues covered in this briefing note. Please also note that you may have a specific condition in your insurance policy requiring you to contact the Markel Helpline in the event that you are dealing with a TUPE situation. Please review your policy wording or contact your broker if necessary. You may also find it helpful to refer to the guidance on TUPE published by the Department for Business Innovation and Skills (formerly the Department for Trade and Industry), which can be found on their website. 1. What is TUPE? TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations TUPE is legislation introduced in the UK pursuant to a European Directive known as the Acquired Rights Directive. Equivalent laws exist in other EU member states. 2. Why is TUPE important? TUPE gives significant protection to employees if they are to transfer under TUPE. In particular, it: protects employees from dismissal in connection with the transfer; preserves employees terms and conditions of employment after the transfer; gives employees the right to be informed and consulted about the transfer. It can be very costly to fail to take proper account of TUPE when negotiating the terms of a purchase or contract. It is important to recognise a potential TUPE transfer from an early stage to ensure that all parties ask the right questions, undertake the right investigations and consult employees appropriately from the beginning. 3. Does TUPE apply? TUPE can apply in a diverse range of circumstances such as: the sale of a business or part of a business as a going concern; Page 1 of 7

2 transfers between businesses within the same group; the contracting out of a particular business activity. For example, a factory decides no longer to provide its staff canteen service itself but instead to contract with another organisation to provide the canteen service; contracting with a new provider to provide a particular business activity. For example, the factory decides to change its canteen service provider from one organisation to another; contracting a particular business activity back in. For example, the factory decides no longer to contract with an outside organisation to provide the canteen service but to provide the canteen service itself in house. It does not matter whether the parties involved are commercial enterprises or not. TUPE also applies to transactions involving the public or voluntary sectors. TUPE applies as a matter of law regardless of whether the parties to the transaction want it to apply. The rights that TUPE confers on employees involved in the transfer are unaffected by any decision by the parties to proceed on a non-tupe basis. If you are in any doubt, please seek advice from the Markel Helpline as to whether TUPE applies in your specific circumstances. 4. Who transfers? TUPE operates to transfer the employment of all employees who are employed in and assigned to the business or contract which is transferred, from the seller to the buyer or from the old contractor to the new contractor. In some cases, deciding which employees transfer will be straightforward. Where the employees do all their work for the business or services being transferred, they will transfer under TUPE. However, in some cases, some employees may spend some of their time working in the area of business being transferred and the rest of their time on another part or parts of the employer s organisation. In that situation, an assessment will have to be made as to which employees are assigned to the business transferring. Deciding which employees are assigned to the business or contract being transferred, various factors must be considered including: the amount of time spent by the employee in the business or contract; the amount of value given to each part by the employee; the terms of the contract showing what the employee was required to do; and how the costs to the employer of the employees' services were allocated between different parts of the business. Page 2 of 7

3 Although each case will turn on its own facts, as a broad rule of thumb, employees who spend less than half their working time on duties for the transferring business are not likely to transfer under TUPE. Please seek specific advice, however. Employees have the right to formally object to the transfer of their employment under TUPE. If they do so, their employment will automatically end on the transfer date. 5. What Transfers? When an individual s employment is transferred under TUPE, all the old employer s rights, powers, duties and liabilities under the individual s contract of employment will transfer to the new employer. In practice, this means that, following the transfer, the new employer steps into the old employer s shoes. All aspects of the transferring employees employment continue unchanged with the new employer and anything done by the old employer with respect to the transferring employees is treated as having been done by the new employer. The following is a list of key liabilities that will transfer when TUPE applies: to honour existing terms and conditions of employment, including job titles and contractual disciplinary and other procedures; to continue to provide the same pay and contractual fringe benefits, including any bonus or commission schemes, share schemes, profit related pay, contractual employer s contribution to an employee s personal pension, early retirement benefits and enhanced redundancy entitlements; the employee s continuity of employment (length of service); for any outstanding claims which an employee has against the transferor, including for personal injury, unfair dismissal and discrimination; Union recognition agreements may also transfer in certain circumstances. The transferee should also seek information from the transferor about pensions provision for transferring employees and take advice concerning the liabilities that will be transferred in respect of pensions. These liabilities can be costly for the new employer. It is essential to establish precisely what liabilities might transfer by means of due diligence before a transfer. When the extent of the potential liabilities to be taken on by the new employer under TUPE have been established, the true cost of a transferring business or contract can be calculated and, where possible, indemnities sought to protect the new owner / contractor who inherits liability for the fault of the outgoing employer. Page 3 of 7

4 6. Dismissing employees When staff are inherited on a TUPE transfer the ability to dismiss those staff fairly or to harmonise their terms and conditions of employment to match the terms and conditions of existing staff will be very limited. Specific advice should be taken as to what may be permitted following a transfer in any particular circumstances. The dismissal of any employee for a reason connected with the transfer, will be automatically unfair unless it is for an economic, technical or organisational ( ETO ) reason entailing changes in the workforce. This applies whether the dismissal is before or after the transfer. ETO reason is not defined in TUPE. However, government guidance gives the following examples: economic reason a reason related to the profitability or market performance of the transferee s business; technical reason a reason related to the nature of the transferee s equipment or production processes; or organisational reason - a reason related to the management or organisational structure of the transferee s business. The concept of entailing changes in the workforce is also not defined in TUPE but existing case law has established the need for a change in the numbers or functions of employees. A dismissal that is for an economic, technical or organisational reason entailing changes in the workforce will not be automatically unfair. However, it will still have to be conducted in accordance with general principles of fairness to ensure the dismissal is not unfair on the usual unfair dismissal test. Often, an ETO reason entailing changes in the workforce will mean redundancies. To ensure such dismissals are fair, the employer will have to comply with the usual procedural requirements in a redundancy situation, including fair selection, warning and consultation, and looking for suitable alternative employment for employees at risk of redundancy. As a result of TUPE any liability associated with a dismissal before the transfer, including any finding of unfair dismissal or unlawful discrimination, will in most cases pass to the transferee. 7. Changes to terms and conditions after a TUPE transfer Changes to terms and conditions, where the main or only reason for the change is connected with the transfer, will be void unless the changes are for an ETO reason (see above). Page 4 of 7

5 Often an employer who simply wants to have all employees on the same terms, but who is not restructuring the workforce, will not be able to show an ETO reason, with the result that any changes made to terms of employment will be void and unenforceable. This will be the case even if the employees concerned have purportedly agreed to the changes. In such circumstances employees will still be able to rely on their old terms. From 31 January 2014, changes to workforce location post transfer can amount to an ETO reason. The longer the period of time between the transfer and the change to terms and conditions, the less likely it is that the change would be found to be connected to the transfer. Unfortunately, however, there is no hard and fast rule in relation to the lapse of time and even a period as long as two years might not be enough, if there is no other reason for the changes than a desire to harmonise the terms and conditions of the two workforces after the transfer. From 31 January 2014, transferees will be able to renegotiate terms derived from a collective agreement 1 year after the transfer, provided the changes are no less favourable overall. Where an employer decides to introduce changes to employment terms, in addition to the restrictions imposed by TUPE, the general rules of contract relating to changing terms and conditions must also be adhered to. In most cases, this means obtaining the express consent of the employees to the proposed changes. This is the case even where the employer can show an ETO reason for the change. If a substantial detrimental change in terms and conditions is proposed, the transferring employees may be able to resign before the transfer and claim constructive dismissal. 8. Duty to inform and consult Both the transferor and the transferee have a duty to inform and consult either trade union representatives or employee representatives on all TUPE transfers. There is no time period over which the information and consultation exercise has to take place. TUPE simply states that it must be "long enough before the relevant transfer" to enable consultation with representatives to take place. Where no suitable employee representative body exists, representatives should be elected for the purpose of TUPE consultation, and the employer has an obligation to invite employees to elect representatives for this purpose. Where there is no recognised trade union if the affected employees fail to elect representatives within a reasonable period of time then the employer must give the necessary information to employees directly. Under TUPE, the employer of affected employees must inform the representatives of: Page 5 of 7

6 the fact that a relevant transfer is to take place; when it is to take place; the reasons for it; the legal, economic and social implications of the transfer; the measures which the employer envisages taking in relation to the affected employees e.g. a change of site or redundancies (or if no measures are envisaged, that fact); and the measures which the transferee envisages taking in respect of the transferring employees (or if no measures are envisaged, that fact). If measures are envisaged by either the transferor or the transferee then, as well as informing the appropriate representatives about the above matters, the employer has an obligation to consult with the representatives. If no measures are to be taken there is no obligation to consult. There is no definition of "measures" under TUPE, but the term will be interpreted quite broadly and will cover proposed redundancies, restructuring, contract changes including relocations and changes to working practices. Failure to inform and consult under TUPE can lead to a protective award against the employer, which can be up to a maximum of 13 weeks' pay per employee. 9. Employee liability information TUPE imposes obligations on the transferor to provide the transferee with employee liability information in relation to the transferring employees. This must be provided in writing or made available in a readily accessible form and comprises: the identity of the employees who will transfer; the ages of the employees; information contained in the statements of employment particulars for the employees; information relating to any collective agreements which will apply to the employees after the transfer; details of any disciplinary action taken within the previous two years by the old employer in respect of the employees in circumstances where the ACAS Code applies; details of any grievances raised by the employees within the previous two years in circumstances where the ACAS Code applies; and details of any legal actions taken by the employees against the transferor in the previous two Page 6 of 7

7 years, and of potential legal actions which the transferor has reasonable grounds to believe the employees may bring. To comply with TUPE, the employee liability information must include the required details, as at a date no more than 14 days (28 days from 31 January 2014) before the date on which it is provided to the transferee. Any subsequent changes must be notified to the transferee. The information must be provided 14 days before the transfer. In most business transfers, this will be too late to be of any practical use to the transferee, who is likely to want to have done advance planning in relation to the new workforce. As a result, most buyers of businesses or potential new providers of services, will require disclosure of information much earlier, through the terms of the business transfer or outsourcing agreements. Failure to provide employee liability information may result in the new employer bringing a claim against the old employer in the employment tribunal. Employee liability information need not be anonymised. However, other information supplied about employees as part of the due diligence process should be anonymised, to comply with data protection law. DAC BEACHCROFT LLP January 2014 Page 7 of 7

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

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 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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Transfer of undertakings. Business owner/ manager briefing

Transfer of undertakings. Business owner/ manager briefing Transfer of undertakings Business owner/ manager briefing 02 Transfer of undertakings: Business owner / manager briefing Transfer of undertakings: manager / business owner briefing on handling TUPE transfers

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. 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

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

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

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

Changes to TUPE from 31st January 2014

Changes to TUPE from 31st January 2014 Employment Law www.simpsonmillar.co.uk February 2014 Changes to TUPE from 31st January 2014 The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) implemented the EU Acquired Rights

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: 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

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

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

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

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

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

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

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

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

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

L'UNION INTERNATIONALE DES AVOCATS TRADE UNIONS/WORKS COUNCILS AND TRANSFERS OF UNDERTAKING SOME UK PERSPECTIVES

L'UNION INTERNATIONALE DES AVOCATS TRADE UNIONS/WORKS COUNCILS AND TRANSFERS OF UNDERTAKING SOME UK PERSPECTIVES L'UNION INTERNATIONALE DES AVOCATS TRADE UNIONS/WORKS COUNCILS AND TRANSFERS OF UNDERTAKING SOME UK PERSPECTIVES This short paper is in two parts. The first part provides a brief description of the consultation

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

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

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

An employer s guide to TUPE

An employer s guide to TUPE A&R Legal Briefing An employer s guide to TUPE 1. Overview What is TUPE about? TUPE means the Transfer of Undertakings (Protection of Employment) Regulations 2006. The original law dates back to 1981,

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

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

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

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

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

Amendments To Tupe: 4 Key Changes

Amendments To Tupe: 4 Key Changes Amendments To Tupe: 4 Key Changes The Collective Redundancies and Transfer of Undertakings (protection of Employment) (Amendment) Regulations 2014 (the 2014 Regulations) came into force on 31 January 2014.

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

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

18/06/2014. Overview. 2013 BIS Consultation. Changes not made in 2014

18/06/2014. Overview. 2013 BIS Consultation. Changes not made in 2014 TUPE 2014 Richard Arthur Thompsons Solicitors LLP Starting Point..to ensure as far as possible that the contract of employment or employment relationship continues unchanged with the transferee, in order

More information

Thompsons Trade Union Law Service: Head Office Briefing

Thompsons Trade Union Law Service: Head Office Briefing Thompsons Trade Union Law Service: Head Office Briefing The NEW TUPE REGULATIONS January 2014 The new TUPE Regulations were laid before Parliament on 10 January and come into force on 31 January 2014.

More information

Chapter 1 Background New TUPE

Chapter 1 Background New TUPE A Thorogood Special Briefing Chapter 1 Background New TUPE Legislative background Consultation process Major problem areas with the 1981 Regulations NEW TUPE REGULATIONS Chapter 1 Background New TUPE Legislative

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

SPDS Conference 2011/ Alternative Business Models: What to look out for/ November 2011

SPDS Conference 2011/ Alternative Business Models: What to look out for/ November 2011 SPDS Conference 2011/ Alternative Business Models: What to look out for/ November 2011 Some examples of when TUPE does not apply: Transfers between public administrations (although this is limited by s.52

More information

Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities

Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities Employment Breakfast Briefing TUPE: Changes in 2014 - Impact and Practicalities Thursday 6 March 2014 Adrian Crawford, Partner, Employment Kirsty Churm, Solicitor, Employment Collective redundancy consultation

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

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

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

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

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 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

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

Schedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006

Schedule 11. The Transfer of Undertakings (Protection of Employment) Regulations 2006 Schedule 11 The Transfer of Undertakings (Protection of Employment) Regulations 2006 1 Definitions 1.1 In this Schedule 11 the following definitions apply: Contractor Personnel means any employee, worker,

More information

An introduction to European employment law for Japanese companies

An introduction to European employment law for Japanese companies Acquisitions issues to expect Employing staff in Europe An introduction to European employment law for Japanese companies For Japanese companies encountering the European employment law system for the

More information

TACKLING AND PROVIDING FOR TUPE IN THE CONTEXT OF PROCURMENT Peter Oldham QC

TACKLING AND PROVIDING FOR TUPE IN THE CONTEXT OF PROCURMENT Peter Oldham QC TACKLING AND PROVIDING FOR TUPE IN THE CONTEXT OF PROCURMENT Peter Oldham QC TUPE claims 1. A reminder of the claims TUPE can give rise to:- Transfer of obligations (1) Where employment is transferred,

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

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

UNISON TUPE branch guidance

UNISON TUPE branch guidance UNISON TUPE branch guidance Updated April 2014 UNISON TUPE branch guidance Contents Introduction...3 1 Key Tasks Pre Procurement...5 1.1 Preparation...5 1.2 Options to avoid staff transfer...5 1.3. Gathering

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

OUTSOURCING LOCKING HORNS OVER EMPLOYMENT AND PENSIONS UPDATE

OUTSOURCING LOCKING HORNS OVER EMPLOYMENT AND PENSIONS UPDATE EMPLOYMENT AND PENSIONS UPDATE Recent key developments in UK employment and pensions law - March 2007 INSIDE: UPDATE ON THE COMPANIES BILL - CHANGES TO IMMIGRATION LAW - SCHEME ABANDONMENT - PERSONAL ACCOUNTS

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

Employment Law Guide for Employees

Employment Law Guide for Employees Agency Workers The Agency Workers Regulations 2010 S12010/93 came into effect on 01 October 2010. The regulations introduce a number of rights for temporary agency workers in the UK relating to their basic

More information

An introduction to European employment law for Korean companies

An introduction to European employment law for Korean companies Acquisitions issues to expect Employing staff in Europe An introduction to European employment law for Korean companies For Korean companies encountering the European employment law system for the first

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

EU Employment Law Webinar on Acquired Rights Directive/TUPE 18 June 2014 Chaired by Ann Bevitt

EU Employment Law Webinar on Acquired Rights Directive/TUPE 18 June 2014 Chaired by Ann Bevitt EU Employment Law Webinar on Acquired Rights Directive/TUPE 18 June 2014 Chaired by Ann Bevitt 2014 Morrison & Foerster (UK) LLP All Rights Reserved mofo.com Introduction to speakers Chair: Ann Bevitt,

More information

CWU SUBMISSION TO BIS CONSULTATION TUPE REGULATIONS 2006: CONSULTATION ON PROPOSED CHANGES TO THE REGULATIONS

CWU SUBMISSION TO BIS CONSULTATION TUPE REGULATIONS 2006: CONSULTATION ON PROPOSED CHANGES TO THE REGULATIONS CWU SUBMISSION TO BIS CONSULTATION TUPE REGULATIONS 2006: CONSULTATION ON PROPOSED CHANGES TO THE REGULATIONS The Communication Workers Union (CWU) is the largest union in the communications sector in

More information

CASE BULLETIN. Spring 2014. News in Brief. Inside this issue. ACAS Early Conciliation. Changes to TUPE. New CASE form. ET Protocol Guidance

CASE BULLETIN. Spring 2014. News in Brief. Inside this issue. ACAS Early Conciliation. Changes to TUPE. New CASE form. ET Protocol Guidance CASE BULLETIN Issue 5 - Please circulate to all Branch Officers and Stewards News in Brief Discrimination Questionnaires With effect 6 April 2014 the statutory discrimination questionnaire process has

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

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

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

NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES

NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES September 2004 NEW STATUTORY DISMISSAL, DISCIPLINARY AND GRIEVANCE PROCEDURES With effect from 1 October 2004, new statutory dismissal and disciplinary procedures ("DDP") and grievance procedures ("GP")

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

Comments of the Law Society of England and Wales on the consultation document issued in March 2005

Comments of the Law Society of England and Wales on the consultation document issued in March 2005 TUPE: DRAFT REVISED REGULATIONS Comments of the Law Society of England and Wales on the consultation document issued in March 2005 June 2005 Introduction The Law Society is responsible for representing

More information

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals.

TOP 10 EMPLOYMENT CLAIMS. We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. TOP 10 EMPLOYMENT CLAIMS We have set out below the Top 10 most common employment claims brought in the Employment Tribunals. 1. Unfair Dismissal Claims All employees with two years or more service are

More information

Our responses to the individual questions set out in the consultation are as follows.

Our responses to the individual questions set out in the consultation are as follows. STUC Response to the Department for Business, Innovation and Skills Consultation on Proposed Changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 Introduction The STUC is

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

STATES OF JERSEY TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) LEGISLATION (P.60/2012): COMMENTS STATES GREFFE

STATES OF JERSEY TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) LEGISLATION (P.60/2012): COMMENTS STATES GREFFE STATES OF JERSEY TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) LEGISLATION (P.60/2012): COMMENTS Presented to the States on 9th July 2012 by the States Employment Board STATES GREFFE 2012 Price

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

Facing redundancy in local government

Facing redundancy in local government 1 Facing redundancy in local government 2 Facing redundancy in local government Facing redundancy in local government Many hard working local government employees in local government have already lost

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

Business Transfers Across Europe. Employment (Europe)

Business Transfers Across Europe. Employment (Europe) Business Transfers Across Europe Employment (Europe) Contents Introduction Transfers in France 1 Transfers in Germany 5 Transfers in Italy 9 Transfers in Spain 12 Transfers in The Netherlands 15 Transfers

More information

LONDON CYCLE HIRE SCHEME AGREEMENT. Schedule 39 Service Provider Personnel. Schedule 39 Service Provider Personnel - REDACTED VERSION

LONDON CYCLE HIRE SCHEME AGREEMENT. Schedule 39 Service Provider Personnel. Schedule 39 Service Provider Personnel - REDACTED VERSION Schedule 39 Service Provider Personnel - REDACTED VERSION LONDON CYCLE HIRE SCHEME AGREEMENT Schedule 39 Service Provider Personnel Transport for London - Version Final CCS0000151079 Schedule 39 Service

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

Disability and sickness absence

Disability and sickness absence Disability and sickness absence As a not for profit charity, we rely on your donations. If you find this factsheet useful, please consider making a donation of 5 to help us to continue to help others.

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

EQUAL OPPORTUNITIES ARE YOUR BUSINESS TOO

EQUAL OPPORTUNITIES ARE YOUR BUSINESS TOO EQUAL OPPORTUNITIES ARE YOUR BUSINESS TOO FOR SMALL / MEDIUM SIZED ENTERPRISES & THIRD SECTOR ORGANISATIONS GOOD PRACTICE ON EQUALITY AND DIVERSITY WHEN CONTRACTING WITH BRACKNELL FOREST COUNCIL Version

More information