Transfer of a Business (TUPE)

The TUPE Regulations (Transfer of Undertakings) apply to situations where there is a change of employer due to a relevant transfer.

What are my rights?

TUPE often occurs in the transfer of the whole or part of a business in instances where the business retains its identity after the transfer. The rights of employees are protected in these situations where their employer has been taken over as a “going concern”. The new employer effectively takes over all the rights and liabilities which existed between the employee and the previous employer.

In a situation where the TUPE Regulations apply, the employee’s contract is transferred to the new employer and their terms and conditions should remain the same. In addition, an employee’s length of service includes the period that they were employed prior to the transfer. Where terms and conditions of an employee’s contract are changed on or after the transfer, the employee may have a claim for breach of contract.

Employees should also be aware that if they have been dismissed by either their old or new employee because of the transfer then they may have a claim for unfair dismissal.

If your terms and conditions of employment have been altered, or you have been dismissed due to a transfer, please contact our Employment Department for advice.