Lawson West’s expert employment solicitors and lawyers have significant experience of TUPE transfers.
What is TUPE? What does it do? And who does it affect? These are the familiar questions of most employees when they are
faced with business transfers between employers. TUPE is a set of Regulations which look to preserve your rights as
employees from one business to another when that business is sold or bought.
It is not always in sales and purchases when a transfer of undertakings can apply. TUPE can apply in situations when
outsourcing takes place known as a service provision change. This can be when a contract ends or begins with a new
contractor or when a service is awarded to a new provider.
In order for TUPE to apply the following applies:
It is common for employees to retain their current terms during the transfer and thereafter. A new employer should not change your terms of employment following the transfer for a reasonable period of time or this conduct could give rise to Employment Tribunal Claims of automatic unfair dismissal. A new employer can change an employees terms if they are more favourable however upon the transfer if they are looking to harmonise the workforces.
A new employer can only change your terms of employment if the reason is for an ‘economic, technical or organisational reason’. In short, this is for a reason relating to the new companies performance, the equipment the company uses or matters connected to the organisational structure of the company.
Transfer of Undertakings (Protection of Employment) Regulations are extremely complicated with many influencing factors. If you believe your employment could be subject to a TUPE transfer our advice is to seek legal assistance at the outset to avoid possible complications.
If you find yourself in a situation where you are the subject of a TUPE transfer, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
In addition to No Win No Fee, Lawson West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
If you want to see us face to face, we run four employment law walk-ins each week at our offices in Leicester and Market Harborough and this initial meeting with you is FREE of charge. We’ll look at your paperwork and advise on the best course of action. We can also meet with you digitally on Teams if you’re in another part of the country, in fact, we advise individuals on their employment legal needs right across the UK.
From settlement agreements, to redundancy, dismissal and disability and other types of employment dispute situation, we’re on hand to support and advise you. Please get in touch as soon as you can, as deadlines might apply.
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Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.
