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TUPE
Moira Conlon

Most companies will experience TUPE just once in their lifetime and it can be a minefield, if not tackled correctly. The regulations are lengthy and detailed.

To quote from Wikipedia;

"The Transfer of Undertakings (Protection of Employment) Regulations 2006, known colloquially as TUPE, are the UK's implementation of the European Union Business Transfers Directive. It is an important part of UK labour law, protecting employees whose business is being transferred to another business.
The regulations' main aims are to ensure that,

  • just because of the transfer, employees are not dismissed before or after, unless there is an 'economic, technical or organisational reason
  • employees' most important terms and conditions of contracts are not worsened before or after the transfer, unless there is an 'economic, technical or organisational' reason
  • affected employees are informed and consulted through representatives

This does not apply to transfers which go merely through the sale of a company's shares. When that happens, because the company is still the same company, all contractual obligations stay the same. The Directive and Regulations apply to other forms of transfer, through sale of physical assets and leases. The regulations also apply in some cases for work transferred to contractors. This protected contract terms for workers include hours of work, pay, length of service and so on, but pension entitlement is excluded.”

Conlon Consultancy has extensive experience of representing both the transferee and the transferor during the TUPE process and can help guide you through the different stages in the process and can ensure that you do not fall foul of the legislation.