TUPE FAQs. for property transactions

Size: px
Start display at page:

Download "TUPE FAQs. for property transactions"

Transcription

1 TUPE FAQs for property transactions

2 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 property clients. TOP TEN FAQs 1. What is TUPE? 2. When does it apply? 3. When might it apply in a property transaction? 4. Can it apply to a change of managing agent/cleaning/ security company? 5. What if the property is closed for re-fitting or opening of a new business? 6. Can I dismiss the employees? 7. Can I change the employees terms of employment? 8. When and what employment information do I have to give to the buyer/the seller/the employees? 9. What is the buyer and seller s financial exposure if TUPE applies? 10. What if the sale contract doesn t mention TUPE? 2

3 1. What is TUPE? TUPE is the usual abbreviation for the Transfer of Undertakings (Protection of Employment) Regulations TUPE protects the employment of individuals when a business changes hands or where there is a service provision change by providing that their employment (including their period of continuous service) and any liabilities in respect of them (save in relation to certain rights and provisions in relation to occupational pension schemes) transfers from the seller to the buyer of a business, undertaking or service. Where it applies, the buyer essentially steps into the seller s shoes in relation to the employees of the business, undertaking or service that is being transferred taking on the rights (e.g. under the employment contracts), responsibilities (e.g. to provide work and pay) and liabilities of the seller (e.g. acts/omissions including unpaid wages, injuries, acts of discrimination). The seller and the buyer also have an obligation to inform (and if appropriate) to consult representatives of affected employees. Important Note: For ease of understanding, in this guide we have referred to transferors as sellers and transferees as buyers. However, where there is a service provision change the transferor and transferee will (depending on the service provision change) be the client and the incoming and outgoing service providers. 2. When does it apply? TUPE applies where there is a relevant transfer which is defined to cover the two following situations:- (i) where a business (or part of a business) changes hands and the business retains its identity (e.g. the business is recognisable after the transfer) known as a standard transfer. (ii) where a client outsources, retenders (e.g. changes a service provider) or insources a service - known as a service provision change (SPC). TUPE specifies that for there to be a SPC, pre and post transfer the services should be fundamentally the same and to the same client. Also the services shouldn t consist wholly or mainly of the supply of goods for the client s use or be for a one-off event or task of short-term duration. There must also be an organised grouping of employees (see question 4). Important Note: Some transfers will be both a standard transfer and a SPC. Even where a SPC isn t caught by TUPE, for example because there is a change of client, there could be a standard transfer and so TUPE may still apply. 3

4 3. When might it apply in a property transaction? TUPE might apply when a business is sold that includes a commercial property which has employees employed in or in relation to it. TUPE could also apply on the sale of a commercial property, the sale of a property subject to a service occupancy, the grant or assignment of a lease to a new tenant, the surrender or forfeiture of a lease, the grant of a sub-lease to a new subtenant, where the landlord assumes activities for the property, and where tenants acquire the right to manage the freehold of a property. Example: A landlord decides to accept a surrender of a lease in which a restaurant is operated. He decides to continue to operate the restaurant himself. TUPE will apply to protect the employees employed in the restaurant and transfer their employment to the landlord. 4. Can it apply to a change of managing agent or cleaning/ security company? Yes, TUPE can also apply to this situation. A key factor in deciding whether TUPE applies is whether there is an organised grouping of employees dedicated to the service provided to the client. The fact that an employee spends all or the majority of their time on the service is not sufficient on its own. There must be an intention by the current provider to have a dedicated team/person assigned to the service. Example: A freeholder of a property has engaged a managing agent to manage the property on its behalf and as part of its contract with the managing agent it has required that there is a dedicated team who provides the service to the property. The freeholder decides that it is not happy with the service provided by the managing agent and decides to engage a new managing agent. TUPE will apply to the change in service provider as it will be a SPC and it may also be a standard TUPE transfer. Example: The freehold of a property is being sold. The seller has engaged a managing agent who is responsible for the property. The buyer intends to employ individuals directly to be responsible for the property. Although the sale will not be a SPC as there is a change of client from seller to buyer TUPE may still apply to the transaction in relation to the employees of the managing agent as the sale could still be a standard transfer. 4

5 5. What if the property is closed for re-fitting or opening as a new business? If there is an economic entity that retains its identity after completion TUPE is still likely to apply even if there is a temporary closure on completion, for example while the new owner completes a fit out of the premises or applies for a premises licence. If, however, the undertaking ceases operating on completion and the new owner in due course opens a different business (for example, if the original business is a restaurant and it reopens as a convenience store), TUPE is unlikely to apply as the original business will not have retained its identity after completion. 6. Can I dismiss the employees? Yes, TUPE cannot prevent employers from dismissing employees but if the sole or principal reason for the dismissal is the transfer itself or a reason connected with the transfer that is not an economic, technical or organisational (ETO) reason which entails changes in the workforce then the dismissal will be an automatically unfair dismissal attracting liability. An employee would need two years service to bring an unfair dismissal claim and the normal limits on awards of compensation would apply. An ETO reason must involve a change in the functions or numbers of employees. Genuine redundancies will usually be ETO reasons and will include redundancies made because of a change of workplace. See question 9 about financial exposure under TUPE. Normal unfair dismissal rules will apply where the dismissal is unconnected with the transfer or where the reason for the dismissal is connected with the transfer but is for an ETO reason. 5

6 7. Can I change the employees terms of employment? No, if the sole or principal reason for the variation is the transfer and it is not for an ETO reason (see question 6). Yes, if: (a) it is for an ETO reason and the employee agrees to the change - which for evidential purposes should be in writing; (b) the contract permits the change to be made without the employee s agreement; (c) the variation is entirely unconnected with the transfer; or (d) the change is entirely positive as far as the employee is concerned. A variation in order to harmonise terms of transferring employees with the terms of the buyer s existing employees is unlikely to be an ETO reason and will therefore be void and unenforceable even if the employees agree to the change. What if the reason is the transfer but the changes are agreed as a package of terms, some of which are favourable and some of which aren t? Then the employees will be able to cherry pick the favourable terms (e.g. a pay increase) and the unfavourable terms will be void and unenforceable against them. What about collective agreements? Collective agreements are effectively frozen at the date of transfer. Buyers can make changes to individual terms derived from a collective agreement one year after the transfer so long as they are no less favourable, when considered together, than the employee s previous terms. Changes which do not satisfy these conditions will be void. 6

7 8. When and what employment information do I have to give to the buyer? What: The seller needs to provide the buyer with employee liability information (ELI) about the employees that will be transferring to them i.e. those employees employed at or in relation to the property. This includes: the identity and age of the employees; the terms that are required to be included in an employee s employment contract in accordance with Section 1 of the Employment Rights Act 1996; details of any grievances or disciplinary action under the ACAS Code in the previous 2 years; details of any court or tribunal case, claim or action in the previous 2 years or that the seller has reasonable grounds to believe an employee may bring; and information about any collective agreement that will have effect after the transfer. When: The above information is required to be given at least 28 days before the transfer and be kept up to date up to the transfer. seller? What: The buyer needs to tell the seller about any measures it plans/envisages (e.g. changing the employees pay day) taking in respect of the transferring employees. When: In sufficient time to enable the seller to inform and consult on the measures with affected employees. employees? What: Both the buyer and the seller need to inform affected employees and, where measures are envisaged, to consult with representatives of the affected employees (or directly with employees if fewer than 10 employees are employed by the business and there are no existing employee representatives). Each employer is responsible for its own employees. If consultation is required on measures, the buyer is not obliged to consult the seller s employees in advance of the transfer. 7

8 Employees should be informed of: the fact of the transfer, the date or proposed date and the reason for the transfer; the legal, economic and social implications of the transfer; any measures that the seller and/or buyer envisages will be taken or that no measures are envisaged; and information relating to the use of agency workers. Who are affected employees? This can include employees of the seller and buyer, including those who do not transfer but are otherwise affected by the transfer or any measures that are intended to be taken. When: Long enough before the transfer to enable meaningful consultation to take place with a view to obtaining the employees agreement on the measures. Who are representatives? Representatives of a recognised trade union or persons elected by affected employees. 8

9 9. Financial exposure of the parties if TUPE applies? Unfair dismissal claims Failure to inform and consult with employees Basic award (calculated in the same way as a statutory redundancy payment) and compensatory award (currently capped at 76,574 or, if lower, the figure of 52 weeks gross pay) which is mostly made up of loss of earnings. 13 weeks gross pay per employee The claim can be brought against the seller and the buyer who can be made jointly and severally liable by a tribunal for any compensation awarded as a result of a seller s failure to inform and consult and any failure by one party to pay compensation awarded. Failure to provide ELI Potential liabilities in relation to employees Usually a minimum of 500 per employee payable to the buyer. Further compensation can be awarded to the buyer to take account of any losses it suffers. Discrimination claims, wages, holiday pay, unpaid tax and national insurance etc. Legal costs For obtaining TUPE advice, defending Employment Tribunal claims in relation to failure to comply with TUPE obligations and potential resulting unfair dismissals and claims in relation to the potential liabilities listed above. 9

10 10. What if the contract doesn t mention TUPE? If TUPE applies it does so by operation of law irrespective of whether it is mentioned in the sale contract. It usually makes sense for specific TUPE provisions to be included in the contract in order to protect both the buyer and seller. For example, it is common for the seller to indemnify the buyer in respect of any of its acts or omissions pre-transfer and for the buyer to give reciprocal indemnities for its actions/omissions pre and post-transfer. IMPORTANT NOTE: TUPE is an evolving area of law. The answers provided above are intended to assist in recognising when TUPE applies particularly in property transactions and its effect. They are not intended to be a substitute for specific TUPE employment advice on a particular property transaction which the Howard Kennedy Employment team can provide. For more information, please contact: Nick Treppass Consultant: Employment T: +44 (0) E: Louise Gibson Associate: Employment T: +44 (0) E: 10

11 Notes 7

12 No.1 London Bridge London SE1 9BG DX Southwark 4 Tel: +44 (0) Fax: +44 (0)

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 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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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 - 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

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

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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

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

Employment Law Reform Workshop

Employment Law Reform Workshop Employment Law Reform Workshop Employment Law Workshop Introductions Housekeeping Agenda Questions Agenda Claims in the Employment Tribunal Charlotte Gilbert Reform of TUPE Joanne Henderson Settlement

More information

right to rent checks advice for landlords and estate agents

right to rent checks advice for landlords and estate agents right to rent checks advice for landlords and estate agents The Home Office have recently piloted a scheme in Birmingham, Walsall, Sandwell, Dudley and Wolverhampton whereby private landlords have been

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

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

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

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

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

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

1. Do you agree with the Government s proposal to repeal the 2006 amendments relating to service provision changes? Yes/No.

1. Do you agree with the Government s proposal to repeal the 2006 amendments relating to service provision changes? Yes/No. FDF s Response to the Consultation Document from the Department for Business, Innovation and Skills on the Proposed Changes to the Transfer of Undertakings (Protection of Employment) Regulations 2006 This

More information

Winter 2014. Contents STOP PRESS. Commercial rent arrears recoveryommercial RENT. Insolvency Under the supervision of an insolvency practitioner...

Winter 2014. Contents STOP PRESS. Commercial rent arrears recoveryommercial RENT. Insolvency Under the supervision of an insolvency practitioner... STOP PRESS Contents Rent as an expense of an administration or liquidation - The Court of Appeal has clarified what rent is payable as an expense: the office holder must make payments at the rate of rent

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

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

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

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

Employment Law and Change a TUPE Update

Employment Law and Change a TUPE Update HR Summit 2014 Workshop Employment Law and Change a TUPE Update Victoria Vallely, Eversheds LLP 20 March 2014, The Baltic Agenda for today Implications of recent case law. Overview of changes to the 2006

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS

LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS LEAD PROVIDER FRAMEWORK CALL OFF TERMS AND CONDITIONS 1 LEAD PROVIDER FRAMEWORK - CALL OFF TERMS AND CONDITIONS - SUMMARY Where an Order Form is issued by the Authority that refers to the Framework Agreement,

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

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

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

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

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 e-alert December 2012

Employment Law e-alert December 2012 Employment Law e-alert December 2012 Welcome Welcome to December s e-alert. Following on from last month s e-alert on the topic of constructive dismissal, this month s Q&A takes a look at the area of unfair

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

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

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

COMPROMISE AGREEMENT

COMPROMISE AGREEMENT Without Prejudice and Subject to Contract COMPROMISE AGREEMENT THIS AGREEMENT is dated xxxx AND IS MADE BETWEEN: SOAS, University of London whose premises are at Thornhaugh Street, Russell Square, London

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

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

STATUTORY DISPUTE RESOLUTION

STATUTORY DISPUTE RESOLUTION STATUTORY DISPUTE RESOLUTION The Employment Act (Dispute Resolution) Regulations 2004 set out the minimum steps that employers must follow (except in exceptional circumstances) when proposing to dismiss

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

in association with present their Voluntary TUPE Protocol

in association with present their Voluntary TUPE Protocol & in association with present their Voluntary TUPE Protocol IPA/ISBA Voluntary TUPE Protocol Why have the IPA & ISBA developed a TUPE Protocol? When an agency wins an account, it may inherit the staff

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

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

Introduction to UK Employment Laws for U.S. Employers

Introduction to UK Employment Laws for U.S. Employers Ogletree Deakins International LLP Fourth Floor, Thavies Inn House 3-4 Holborn Circus London EC1N 2HA United Kingdom Tel: +44 (0)20 7822 7620 www.ogletreedeakins.co.uk www.ogletreedeakins.com Introduction

More information

PRINCIPAL EMPLOYMENT LAWYER

PRINCIPAL EMPLOYMENT LAWYER Hammersmith & Fulham borough of opportunity PRINCIPAL EMPLOYMENT LAWYER Legal Services Application Pack Information for applicants Politically Restricted Posts Job Description Selection Criteria POLITICALLY

More information

A new shape of lawyer. Guide to redundancy law

A new shape of lawyer. Guide to redundancy law A new shape of lawyer Guide to redundancy law The prospect of having to deal with redundancy situations can be daunting for both employers and employees. The law provides employees with a number of rights

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

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

GUIDE TO EMPLOYMENT LAW IN GUERNSEY

GUIDE TO EMPLOYMENT LAW IN GUERNSEY GUIDE TO EMPLOYMENT LAW IN GUERNSEY CONTENTS PREFACE 1 1. Written Statement of Terms and Conditions 2 2. Written Statement of Pay and Deductions 3 3. Written Statement of Reasons for a Dismissal 3 4. Minimum

More information

UK (England and Wales)

UK (England and Wales) UK (England and Wales) Richard Brown, Andrew Lilley, Tom Purton and Dan Reavill www.practicallaw.com/9-501-5068 Travers Smith LLP REGULATION AND REQUIREMENTS 1. To what extent does national law specifically

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

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

09/07/2014. Enterprise and Regulatory Reform Act 2 25 th June 2013. Enterprise and Regulatory Reform Act 7 29 th July 2013

09/07/2014. Enterprise and Regulatory Reform Act 2 25 th June 2013. Enterprise and Regulatory Reform Act 7 29 th July 2013 Settlement agreements and unfair dismissal Liz Stephenson Enterprise and Regulatory Reform Act 2 25 th June 2013 Section 13 provides that the qualifying period to claim unfair dismissal does not apply

More information