TUPE is an acronym for ’Transfer of Undertakings (Protection of Employment) Regulations 1981’.
The TUPE Regulations preserve employees' terms and conditions when a business or undertaking, or part of one, is transferred to a new employer.
TUPE introduces three concept into UK employment law:
When does TUPE apply?
TUPE applies to a “relevant transfer”, which means either or both of the following:
TUPE does not apply to a transfer of shares.
Automatic transfer principle
Where there is a relevant transfer:
Changing terms of employment
The buyer takes on the transferring employees on their existing terms of employment, and can only make changes to their terms in limited circumstances.
Changes to terms of employment will be void if the sole or principal reason for the change is the transfer itself, unless either:
Protection against dismissal
Dismissals will be automatically unfair if the sole or principal reason for the dismissal is the transfer itself. If, however, the reason is an ETO reason, then they will instead be only potentially unfair.
Obligation to inform and consult
Both the seller and the buyer must inform and consult with recognised trade unions or elected employee representatives in relation to any of their own employees who may be affected by the transfer or any measures taken in connection with it. Certain information must be provided to the representatives long enough before the transfer to enable the seller to consult with them about it.
Please click on any of the links below to see our client’s testimonials.
“ You will always get straight and expert advice from Holly. She’s not in the game of telling you what you want to hear, but what you must hear. She will lay out the options clearly with unswerving, unbiased professionalism so that you can clearly see the road ahead and make the right decisions”.
Simon Lowe - Jagged Globe
"I consulted Mark Serby for advice regarding redundancy. Mark was very helpful, providing clear and straightforward advice and guidance. This helped me to decide the best way forward and equipped me to negotiate from a well informed position."
"I’ve always found Holly to be very responsive and helpful. She responds to my requests for support in a way that increases my understanding of the legislation that we have to act on and implement. Where there is scope for interpretation or options to consider she is forthcoming in highlighting these and I have always found her willing to spend time discussing these with me."
Sue Barraclough - Westfield Health
“Thank you for your understanding and support at a difficult time; you helped me negotiate a good outcome.”
“You gave us excellent advice and helped us get through some difficult discussions with this senior employee.”
These articles provide useful and updated information on different sectors of the legal industry.
Sign up for our free monthly e-newsletter. Please register your details below to receive the latest legal news and developments.
We will not share your details with any third party organisations.
Get expert legal advice from one of Sheffield’s most respected law firms, Wake Smith Solicitors.
Our team of friendly, professional solicitors in Sheffield can provide support and advice in a wide range of areas for you and your business. Call our Solicitors in Sheffield on 0114 266 6660 or fill out the simple form below and we will get back to you as soon as possible.
For all media enquiries, please contact Abby Worsnip or Billy Greenhalgh at www.agentpr.co.uk.
Important – Please read our privacy notice for more information on how we use your data.
Please enter your first name.
Please enter your surname.
Please enter your address.
Please enter your contact telephone number.
Please enter your e-mail address.
Please enter a valid e-mail address.
Please enter what method you wish to be contacted via.
Please select what practice area you are interested in.
Please enter your enquiry.
Please check the box to confirm you are not a robot.
The form has been successfully submited. Thank you for your enquiry.
Monday to Friday
8:30 a.m. – 5:30 p.m.
DX: 10534 Sheffield 1
There is a large public carpark operated by NCP underneath our office building, the entrance to which is located on Solly St.
If you have any special requirements relating to accessibility or disabled facilities please contact John Liversidge on 0114 224 2075 or at firstname.lastname@example.org