Sometimes the company you work for is bought out by another company and your employer changes as a result.
Sometimes the work that you undertake for your employer can be contracted out to a third party, and you are notified that your employer is changing as a result or that your work is no longer required.
Whether it be the acquisition of your employer or the outsourcing of your work, you have rights under what are commonly referred to as the TUPE Regulations. Your employer should notify you about your TUPE rights and the fact that your employment will transfer to a new employer as a result of the changes.
You have special protection as an individual affected by a TUPE transfer, including the right not to be dismissed because of the transfer, unless this can be justified for special reasons. A dismissal may mean you have the right to a redundancy payment or other compensation.
If your employment does transfer, you are generally entitled to enjoy at least as favourable terms and conditions of employment with your new employer, and any detrimental changes may therefore be unlawful.
We have significant experience in advising individuals on TUPE, including acting for groups of affected individuals and/or their employee representative.
Our Employment team can advise on:
- whether TUPE apples to the acquisition of your employer
- whether you have been properly informed and consulted with about the changes
- whether the election of an employee representative has been handled correctly
- whether your role has been fragmented – split into various other roles, thereby making it more difficult to argue your role has transferred
- whether if the employer can defend a post-transfer dismissal
- when and how to tactically challenge failures to deal with TUPE.