TUPE - what are your rights as an employee?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) is more commonly known as “TUPE”. These Regulations effectively provide obligations on your current employer and your new employer when a business transfer takes place and you, as an employee, are also transferred to work for a new employer. This situation may arise when the business or part of the business is merged or sold; high profile examples include Sainsbury’s acquisition of Argos and Facebook’s merger with WhatsApp.
TUPE in basic terms generally means that you are entitled to transfer to the new employer with your existing terms and conditions being “protected”. It also means that you cannot be lawfully dismissed in connection with the transfer (except in limited circumstances) and you or your employee representative must be informed (and consulted with) regarding the proposed transfer.
Specialist advice
It is strongly advised that you seek legal advice on TUPE at the earliest opportunity. We are experienced in advising individuals or groups of employees on this potentially complex area of Employment Law.
Please see further information on our team of Employment Law solicitors, based in Reading, Henley-on-Thames and Wokingham, and our full range of services.