TUPE for employers

Imagine your business acquires a small competitor. Their business will transfer to you, and you’ll take on all their customers. But it’s also likely under TUPE regulations that that their employees will transfer to you automatically.

Or imagine that your business hires a company to clean your building – sending the same cleaner to you every day. You then decide to dispense with the company’s services and employ your own cleaner instead. Again, under TUPE, the cleaner’s employment with the company would be likely to transfer to you.

The Transfer of Undertakings (Protection of Employment) Regulations provide employees with protection of their employment rights. TUPE imposes requirements on both businesses. If you don’t adhere to them you could be facing an unfair dismissal claim. And in some circumstances their dismissal will be seen as automatically unfair.

Our experts can advise on TUPE, whether it applies to your circumstances, and if so what your rights and responsibilities are.

Andrew King, Director Head of our dispute resolution services and Squash challenger

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