TUPE and Transferring Employment - Herrington Carmichael

TUPE and Transferring Employment

If your employer is selling the business you work in, or if your work is being in-sourced or out-sourced, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply.

Employee rights under TUPE can be difficult to understand, but the legislation is primarily in place to protect employees. TUPE places obligations on your employer in terms of informing and consulting with employees and their representatives about the transfer of their employment and how employees will be affected following the transfer.  If these obligations are not met, your employer could be liable to large fines and other claims.

The sale of your employer’s business or a change in who your employer is can be an unsettling time. However, our expert team of employment lawyers can advise you on what legal safeguards are in place and what your rights are in respect of whoever takes over your employment. Where your employer has failed to follow the correct process, where your terms and conditions have been changed as a result of a TUPE transfer or where you have been dismissed as a result of a TUPE transfer, this may result in you having an employment claim.

Where you have got employment claims arising from TUPE, we can draw on our experience to advise you on the strengths of those claims and the necessary tactics to engage either directly with your employer or through an Employment Tribunal.

 

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