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If you work in the public sector and you are transferred to the private sector, you are covered by TUPE. Under changes to TUPE introduced in early 2014, activities carried out after the change in service provider must be fundamentally the same as those that were carried out by the organisation who ceased to carry them out.

For incoming businesses – due diligence before the transfer may reveal things over and above the minimum employee liability information. For example, legal issues surrounding whether a Christmas bonus is or is not contractual should be revealed by due diligence but may not emerge as part of employee liability information unless it is a potential legal action. for a single event or short-term task (for example a catering company being used for a large corporate event) If there’s no trade union the employer must inform and consult other employee representatives. There might already be representatives, or new ones can be specially elected. If an election is needed Is the type of business being conducted by the ‘transferee’ (the new owner, or the employer who is receiving staff) the same as the ‘transferor' (the old owner, or the employer who is transferring staff)? Employees who object to being transferred should write an objection letter as early as possible. If the employee objects they will not transfer but their contract of employment with their existing employer may, subject to certain conditions, be treated as terminated without the employee being regarded as having been dismissed. This would leave the employee without a job but unable to claim unfair dismissal.TUPE regulations mean employees should not lose their existing employment rights. Before the transfer Some transfers will fall into both categories, so there can be both a business transfer and a service provision change at the same time. Where there are two or more transferee employers following the transfer, there can be an extra layer of complexity (see the section on multiple transferees ). A ‘service provision change’ occurs when a client who engages a contractor to do work on its behalf involves either: If you are not part of a union, you must get the information in writing from your employer no later than 30 days before the transfer. The warranties and indemnities that end up being included in any agreement will depend upon the parties’ respective negotiating strengths.

Note that even if the change is due to an ETO reason, any affected employee’s Changes to the transferring employees’ contracts of employment can be made if (a) If you have an existing occupational pension, it may not continue in the same way. This means the new employer is not obligated to make the same pension contributions on your behalf. However, any entitlements you have built up before the transfer must be protected by the new employer. Transferors must give the transferee written information about the transferring employees and all the associated rights and obligations towards them. This information includes, for example, the identity and age of those employees, written particulars of employment information (under section 1 of the Employment Rights Act 1996) and details of any tribunal claims that the transferor reasonably believes might be brought. TUPE regulations can apply to both the public and private sectors. If someone works in the public sector and they are transferred to the private sector, they are covered by TUPE. Also, if someone works for a public sector organisation such as a government department and the service is transferred to another public sector organisation such as a local authority, TUPE regulations will apply as the employer is changing.There is no TUPE consultation timeline in which an employer and incoming employer must inform and consult staff. If your employment is transferred and you are kept on, the new employer may also want to change certain terms and conditions of your employment to match those of existing employees. This is known as harmonising terms and conditions.

Employers need to deliver the commercial aims of a transfer with minimal disruption to their business for both potential business transfers and service provision changes. If the core assets of a business transfer to an incoming employer who will operate essentially the same kind of business activity, TUPE is likely to apply. For labour-intensive businesses such as cleaning, a business transfer may just involve one member of staff. Structuring a transaction differently may enable TUPE to be avoided, but employers cannot just agree that the regulations will not apply. Multiple transfereeswhether the employment contracts may be split between multiple transferees if the services remain fundamentally the same Martin Lewis: What the Autumn Statement means for you – including wages, benefits, pensions, ISAs, housing, national insurance and more Employees who feel involved in the process from an early stage are less likely to resist the transfer , disrupt business activity or bring TUPE-related claims. Employers need to bear in mind that the TUPE legislation apparently provides protection to both those with employee status and other workers such as casual staff. At the moment, the employment tribunal decision in Dewhurst v Revisecatch Ltd t/a Ecourier [2019] has not been confirmed by a higher court. For there to be a clear change in the law, there would need to be an EAT or Appeal Court decision on this issue. However, the previous position that, in practice, TUPE does not apply to workers is in serious doubt. the transfer of any potential employment claims against the outgoing employer. For example, if a transferring employee has a potential discrimination claim against