TUPE is short for ‘The Transfer of Undertakings (Protection of Employment) Regulations’ When a business or business department is transferred to a new employer, employees have certain protective rights. Employees are protected against unfair dismissal during and immediately after the business transfer, and have the right to the same employment terms and conditions after the transfer is completed.

Business transfers can be an extremely stressful time for employees. Staff are all too often left in the dark until the transfer is completed, causing uncertainty and worry in the workplace. Unfortunately, it is all too common for some employers to dismiss staff in the period leading up to the sale of their business. The new employers may also try to change the contract terms and conditions of their employees, or dismiss staffs who were transferred over.

Employees who face being transferred to a new employer are entitled to be fully consulted in relation to the nature of the transfer. Any failure by the business parties involved to provide sufficient information or to properly consult with affected employees can entitle the employee to compensation.

If you have not been properly consulted or given appropriate information about a proposed transfer, have had your terms and conditions of employment changed by your new employer, or have been dismissed in connection with the business transfer, then contact Macks today. Our expert solicitors can assess your rights and determine whether you are entitled to claim compensation. We offer a comprehensive service to all our clients, and will fight for you every step of the way, taking up tribunal proceedings on your behalf where necessary.

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Frequently Asked Questions
  • When do TUPE regulations apply?

  • TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006.  The Regulations provide that when there is an appropriate business transfer, then the employees transfer to the new employer and retain virtually all their employment rights.  It is unfair to dismiss an employee where the reason for the dismissal is the transfer.  There are also detailed requirements for employees to be informed and consulted prior to the transfer taking place.