In essence, the Transfer of Undertakings Protection of Employment 1981 “TUPE” provides that where an undertaking is transferred from one business to another, all of the employees formally employed by the first company are automatically transferred along with that undertaking. What this means is that the new employer will take on the employees on their existing terms and conditions. Failure by the new employer to honour the terms and conditions can result in claims being made by the employees against the new employer.
In addition, TUPE provides obligations on the party transferring the employees and the party receiving the employees. Failure to comply with these obligations can result in claims being made by each employee of up to 13 weeks’ salary.
We provide assistance and advice in relation to the transfer of businesses in order to prevent any potential claims occurring.
If the systems you have in place for your company are not coming up to scratch then why not give us a call on 01908 660 966 or fill out our online contact form. Our dedicated employment team can help.
