TUPE (Transfer of Undertakings (Protection of Employment)
What is TUPE? It is The Transfer of Undertakings (Protection of Employment) Regulations and can arise from the complex takeover of a business through to simply winning new tenders. It is crucial that you follow these rules carefully else it could turn out to be very costly to your organisation. We are here to help guide you through these difficult rules with your eyes open.
Take overs or the winning and losing of tenders and/or service contracts can be a daunting situation to many Companies especially in light of legislation such as TUPE regulations.
Failure to follow these regulations can be costly. If you fail to consult you may find an Employment Tribunal making an award for up to 13 weeks pay to each employee that has bought a successful claim before them.
If an employee loses their job as a direct result of the transfer this is automatically an unfair dismissal and basic and compensatory awards apply.
In order to ensure that you are protected it is advisable that you seek and follow advice from an expert in this field. We can work closely with you and guide you through this minefield of legislation so that you remain within the law.
We will come into your workplace and help you with the process from beginning to end if you wish.
If you are not sure whether these regulations apply to your set of circumstances please call us and we will advise you accordingly.
Some examples of situations where TUPE may apply:
- Tenders with Councils
- Takeovers and acquisitions
- Meals on Wheels contracts
- Care contracts
- Cleaning contracts
- Maintenance and service contracts
Not all Companies require an in house Personnel or HR Department and even if you do have this function your staff may not be fully conversant with all aspects of the law. It is always advisable to have a third party to bounce thoughts off and we can assist in either acting as your Personnel or HR function to meet your Companies specific needs or we can be available to the professional Personnel or HR Manager to support their areas of expertise.
If you require help in either understanding the regulations or would like to know more about us – call us for more information