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TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employees’ rights where there is a transfer of a business.

The law regarding TUPE was amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. The aim being to clarify and make significant improvements when transferring business ownership.

Where a transfer takes place the new employer take over the role of the old employer and employees will maintain continuous service for the purpose of all statutory rights.

Firstly it will be necessary to establish if there is a relevant transfer under the regulations. Then demonstrate which workers are protected.
It is possible for dismissals to take place due to a transfer but this must be for a permitted reason such as an economical, technical or organisational reason which entails changes in the workforce.

This area of law is complicated and it is always best to seek legal advice if you are subject to a Transfer of Undertaking to make sure the correct procedure has been followed and you are not dismissed unfairly.

NJL solicitors can provide advice and assistance when a business has been transferred from one owner to another. Please feel free to contact us for an initial informal discussion.

This area of law is complicated and it is always best to seek legal advice if you are subject to a Transfer of Undertaking to make sure the correct procedure has been followed and you are not dismissed unfairly.

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NJL solicitors are authorised and regulated by the Solicitors Regulation Authority. Registered number 541980. Solicitor Nigel Johnson LLB (Hons). (PHP)

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