We provide assistance and advice in relation to employees who are subject to a TUPE transfer, to advise them of any potential claims they may have against either their old or new employers.
The Transfer of Undertakings (Protection of Employment) Regulations 2006, otherwise known as "TUPE", introduced three principles:
- That where there is the transfer of a business of a contract for services, employees transfer to the new employer/service provider. That ‘transferee’ subsequently inherits all rights, liabilities and obligations in relation to the employees. Failure by the new employer to honour the terms and conditions can result in claims being made by the employees against the transferee;
- Employees receive additional protection from being dismissed in connection with a TUPE transfer; and
- There is an obligation to inform and consult with representatives or the affected employees directly. Failure to comply with these obligations can result in claims being made by each employee of up to 13 weeks' salary.