TUPE Transfer Archives - Franklins Solicitors https://www.franklins-sols.co.uk/faq_category/tupe-transfer/ Fri, 22 Aug 2025 09:24:41 +0000 en-GB hourly 1 https://wordpress.org/?v=6.9.5 What information must be provided to the new employer? https://www.franklins-sols.co.uk/insights/faqs/what-information-must-be-provided-to-the-new-employer/ Fri, 22 Aug 2025 09:24:41 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6280 The outgoing employer must give written Employee Liability Information (ELI) at least 28 days before transfer, including contracts, claims and disciplinary records. Failure to do so can result in fines of up to £500 per employee.

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]]> The outgoing employer must give written Employee Liability Information (ELI) at least 28 days before transfer, including contracts, claims and disciplinary records. Failure to do so can result in fines of up to £500 per employee.

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]]> What happens if the duty to inform and consult is not followed? https://www.franklins-sols.co.uk/insights/faqs/what-happens-if-the-duty-to-inform-and-consult-is-not-followed/ Fri, 22 Aug 2025 09:24:21 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6278 Both outgoing and incoming employers risk tribunal claims and can be ordered to pay a protective award of up to 13 weeks’ gross pay per affected employee.

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]]> Both outgoing and incoming employers risk tribunal claims and can be ordered to pay a protective award of up to 13 weeks’ gross pay per affected employee.

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]]> Can employees be dismissed because of a TUPE transfer? https://www.franklins-sols.co.uk/insights/faqs/can-employees-be-dismissed-because-of-a-tupe-transfer/ Fri, 22 Aug 2025 09:23:59 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6276 Dismissals where the sole or main reason is the transfer are automatically unfair. Only dismissals for a genuine ETO reason, carried out with a fair process, may be lawful.

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]]> Dismissals where the sole or main reason is the transfer are automatically unfair. Only dismissals for a genuine ETO reason, carried out with a fair process, may be lawful.

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]]> Can terms and conditions be changed after a TUPE transfer? https://www.franklins-sols.co.uk/insights/faqs/can-terms-and-conditions-be-changed-after-a-tupe-transfer/ Fri, 22 Aug 2025 09:23:40 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6274 Generally no, unless there is a valid economic, technical, or organisational (ETO) reason and the employee agrees. Changes purely because of the transfer are likely to be void and unenforceable.

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]]> Generally no, unless there is a valid economic, technical, or organisational (ETO) reason and the employee agrees. Changes purely because of the transfer are likely to be void and unenforceable.

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]]> Do employees have to agree to transfer under TUPE? https://www.franklins-sols.co.uk/insights/faqs/do-employees-have-to-agree-to-transfer-under-tupe/ Fri, 22 Aug 2025 09:22:59 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6272 No. Employees automatically transfer to the new employer with their existing rights and contracts. If they object, they can refuse to transfer but this is treated as a resignation without redundancy pay.

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]]> No. Employees automatically transfer to the new employer with their existing rights and contracts. If they object, they can refuse to transfer but this is treated as a resignation without redundancy pay.

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]]> What is TUPE and when does it apply? https://www.franklins-sols.co.uk/insights/faqs/what-is-tupe-and-when-does-it-apply/ Fri, 22 Aug 2025 09:22:39 +0000 https://franklins.global-exposure.co.uk/?post_type=avada_faq&p=6270 TUPE (Transfer of Undertakings (Protection of Employment) Regulations) applies when a business, service, or contract is transferred to a new employer. It ensures employees’ jobs, terms and rights are protected during the transfer.

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]]> TUPE (Transfer of Undertakings (Protection of Employment) Regulations) applies when a business, service, or contract is transferred to a new employer. It ensures employees’ jobs, terms and rights are protected during the transfer.

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