The Transfer of Undertakings Protection of Employment Regulations (TUPE), affects most businesses at some stage. Managing TUPE staff transfers can be complex and daunting if it isn’t part of your normal business. TUPE will often apply in situations where businesses are being acquired.
TUPE applies to employers when they:
- Buy or sell part or all of a business as a going concern.
- Outsource or make a service provision change.
- Grant or take over a lease or licence of premises and operate the same business from those premises.
The TUPE Regulations are designed to ensure that, in connection with the transfer, employment is protected and that employees are:
- Not dismissed.
- Protected with regards to their terms and conditions, which cannot be worsened.
This protection in transfer applies to the transferring companies throughout the duration of the TUPE. As a result, the protection can be dismissed if there is an economic, technical or organisational reason for the cessation of employment or alteration to an employee’s terms and conditions.
AB HR Solutions can support your business with all aspects of the TUPE process including:
- Establishing whether TUPE applies.
- Identifying employees “in scope” of a transfer.
- Project planning a TUPE transfer exercise.
- Conducting individual or collective TUPE consultations.
- Providing telephone helpline support and a step by step approach.
- TUPE legislation – advice, guidance and legal interpretation.
- Letter writing.
- Collating employee liability information (ELI).
- TUPE transfer – post transfer changes and “measures”.
- Line management coaching and skills training.
Whilst TUPE is a process, it is also about people. For that reason, we believe it is crucially important for future business success, to focus on bringing people together and inducting them into different cultures for the benefit of all employees and the future of the business. AB HR Solutions has extensive experience in TUPE and can help to simplify the process for you.