To be uninformed may pay in employment: TUPE

by Andy Osborne on

Author:
The thought of your employment transferring to a new employer can be a daunting experience. However, it can be made ten times worse when you feel like you are being left in the dark. You may feel that you have many questions that are left unanswered such as: How will the transfer affect me? Will I be expected to perform the same duties after the transfer? When will the transfer occur?
 
In situations where your employment transfers to a new employer you may be protected by what are known as the TUPE regulations.
 
Under these regulations both your current employer and potential new employer are under a duty to consult either your Trade Union representative or an elected representative in relation to the transfer.
 
The things employees should be consulted about include:
 
  • that a transfer is to take place
  • the reason for the transfer and when it is expected to take place
  • the implications for the employees
  • the measures that the employer expects to take in relation to the employees
  • the measures that the new employer expects to take in relation to the employees.
If an employee has not been properly consulted with regards to a transfer then they may apply to the Employment Tribunal for compensation of up to thirteen weeks pay. Employees may also have other grounds for complaint depending on the circumstances. Legal advice should be sought so that an employee becomes fully aware of the employment rights during a transfer.  
 
By employment law specialist, Alicia Mulligan
 

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