How does tupe affect me

Information about employees during transfers An employer must provide a new employer with information about employees. The employee simply tells the employer, or the new employer, before the transfer happens. Employment then ends at the time of transfer. The employee needs to agree to this change. Dismissals Employers can dismiss employees for an ETO reason involving changes in the workforce, eg redundancies.

The normal rules around fair dismissals will still apply. Collective agreements Collective agreements in place before the date of the transfer will apply. Insolvent businesses If the employer is insolvent and the business is being transferred or taken over by another company, the protection employees get is different from in a normal transfer. The employees are unlikely to be protected under TUPE if the business is closing down.

If employees are owed money Employees have rights if their employer is insolvent and owes them money. In-service provision changes, there must be an organized group of employees in England, Scotland, or Wales to qualify for TUPE protection. This is allowed if it will prevent job losses. Consultation by the employer must be meaningful and with a view to seeking agreement but, agreement does not actually have to be reached. TUPE requires only that employers consider any representations made and explains why they are rejecting any such representations.

Unhelpfully, TUPE does not actually specify how long employers must consult with employee representatives! Consultation should continue until either agreement as to the measures envisaged has been reached, or, it is clear that there is no prospect of further agreement between the parties.

This will obviously depend on the facts of each case; how many measures are proposed and how controversial they are. Unless the measures proposed are extremely minor, it seems unlikely that a process of meaningful consultation could be concluded in much less than two weeks, assuming that appropriate represntatives were already in place and no elections had to be held. To speak to a qualified employment solicitor at Springhouse Solicitors, call one of our offices, email us or use our web form ….

JavaScript is disabled in your web browser. This site uses JavaScript to make some controls and types of content available. Defined contribution scheme where employer contributions match the level of contributions the old employer had to pay. In all cases, the new employer must ensure that, whichever pension scheme they offer, it meets the automatic enrolment minimum standards.

A public sector scheme in exceptional circumstances, an occupational scheme which is broadly comparable to the public sector scheme may be offered instead. Either a public sector scheme or an occupational scheme that is broadly comparable to the public sector scheme.

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