TUPE transfers are now more common, and the law is clearer as to when TUPE applies. Its generally with a business sale or when work is outsourced (or in-sourced).

The law protects you if you are affected by TUPE by ensuring that your employment transfers if the work you do moves to another employer, which can include subsidiary companies.

If you are affected by a TUPE transfer your employer and your potential new employer should explain what is happening before and after the transfer.

TUPE is very procedural and the main focus is consultation with you.  This often means holding a secret election and regular meetings.

We can advise on your rights and obligations if you are affected by TUPE. Usually if you have a job after a transfer, there is no issue. The two common scenarios on which we are asked to advise are, firstly, where the new employer refuses to acknowledge TUPE’s application. This can lead to you being left in limbo because your employment has ended and the new employer refuses to take you on. Here, there is likely to be a failure to consult and a claim to force the new employer to take you on. Secondly, the new employer seeks to make changes to your terms and/or terminates your employment. If there is any attempt to harmonise terms or end your employment, we can identify any potential claims, including, unfair dismissal and any failure to comply with TUPE.