Where the identity of your employer changes there is likely to be a TUPE situation.
Businesses stick to what they do best. Functions and activities that are not core are often outsourced to third parties – for example payroll, reception, security, and even HR.
The law is there to protect you when there has been a relevant transfer. A relevant transfer can often be boiled down to whether the identity of your employer has changed. You worked for ABC Limited, you now work for X,Y,Z Limited.
Where TUPE is engaged, your rights are protected. What are your rights?
Your principal rights are:
- The right to elect representatives to be consulted over any measures.
- The right to be informed in advance of a Transfer.
- The right to be consulted via your representative in the event of any measures being taken.
- The right to transfer over on your current terms and conditions.
- The right to have your accrued service recognised.
- The right not to be unfairly dismissed because of TUPE.
In many TUPE cases, employee transfers involve change, uncertainty and unrest within the workplace. In our experience, clear and transparent information about the changes is not always provided to employees regarding the potential consequences of these activities. Your legal rights in these circumstances must not be adversely affected.
You may also be concerned about the likelihood of redundancies when any transfers take place and if your employment is protected?
TUPE is a complex piece of employment law legislation and often an area that employers neglect.
If you have any questions or concerns about any changes that are being undertaken by your employer, which you think may involve TUPE, you should contact our employment solicitors and expert legal team on 01780 757 589 request a call-back or complete our quick online enquiry form.
