The effect of TUPE is that your new employer effectively stands in the shoes of your old employer. This means that your terms and conditions of employment, and your continuous service, are protected.
A transfer for the purposes of TUPE generally fall into 2 categories:
This is where a business or part of a business moves to a new owner or merges with another business to make a brand new employer. A part of a business might for example be a distribution function of a larger organisation.
Service Provision Change
This is where a contractor takes over activities from a client (outsourcing), a new contractor takes over activities from another contractor (re-tendering), or where a client takes over activities from a contractor (in-sourcing).
Issues arising under TUPE can be extremely complex and the law is constantly developing through European and UK courts. As employment lawyers we ensure that we are up-to-date with all of these developments so that we can provide you with the best legal advice.
If you have been dismissed for asserting you rights under TUPE, or if you are dismissed for a reason connected with a transfer, then you may have a claim for automatic unfair dismissal at the Employment Tribunal. In addition, if you have suffered a detriment following a TUPE transfer, such as a change in your terms and conditions, you may also have claims for unlawful deduction of wages and breach of contract.
As with most employment rights, there are strict time limits for bringing a claim at the Employment Tribunal. It is therefore important not to delay and to take immediate advice from an employment solicitor.
We can often agree to deal with your case on a No Win No Fee basis – offering you extra peace of mind.