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Employment Law > TUPE Advice > TUPE Regulations

TUPE Regulations advice

If you’re an employee and the business you work for is being transferred to a new owner then the Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as the “TUPE regulations”) may apply to you.

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Knowing when the TUPE regulations apply and when they don’t can make all the difference if you are considering making a legal claim against your employer.


For information on TUPE regulations and answers to your employment law questions, talk to the Employment Law Solicitors at Canter Levin & Berg.


Call 0151 239 1000 now for a free 10 minute consultation with one of our TUPE regulation solicitors, or fill in one of the contact forms on our website and we’ll get back to you.


When do the TUPE regulations apply?


TUPE regulations will apply when all of an undertaking (a business) or part of it is transferred from one employer to another. If the new employer is intending continuing to provide the same service or products as the previous employer, and if your job is going to be essentially the same as it was before the transfer, you are likely to be protected by the TUPE regulations.


There are several situations which fall under this definition, and where any employees affected would benefit from the protections provided by TUPE, these include:
 

  • When a partnership or the business of a sole trader is sold or transferred.

  • A situation where all or part of a company is bought or otherwise acquired by another company; TUPE regulations apply provided the second company is buying the assets of the first in order to run the business. TUPE doesn’t apply if the acquiring company is only buying shares in the other one.

  • TUPE regulations will also apply when two companies cease to exist, combining their assets and workforce to form a third, new company.

  • If your employer has a contract to provide services to another company (for instance office cleaning, IT support services, premises security etc.), and your employer then loses the contract to another (usually cheaper!) provider, the TUPE regulations may also entitle you to transfer as an employee to that new provider.

TUPE regulations apply regardless of the size of the business that is being transferred. Any businesses employing any number of employees - from one person (in addition to the owner) to thousands are covered by these regulations.


When don’t the TUPE regulations apply?


There are situations in which the TUPE regulations don’t apply, either because the transfer is outside the scope of the regulations or because you will continue to be employed by your current employer. TUPE regulations don’t apply if:


  • Shares in the company you work for are sold to new shareholders. In this situation there is no transfer of the business and the same company continues to be your employer.

  • There is a transfer of assets, such as buildings or machinery owned by your employer. The sale of equipment alone isn’t covered by the TUPE regulations, but the sale of your employer’s business as a going concern including equipment would be covered.

  • There is a transfer of a contract to provide goods or services and this doesn't involve a transfer of all or part of your employer’s business, although the employees engaged in fulfilling the contract may under certain circumstances have the right to transfer. You must ask us for advice on this point before taking any legal action.

  • The transfer of undertakings is between two or more companies situated outside the UK, as TUPE regulations only apply to employees and companies in the UK. Other countries in the European Union have similar laws or regulations to TUPE, so speak to us if you think this affects you.

There are time limits for making many of the legal claims mentioned above. So for more advice on TUPE, or similar EU employment regulations that might apply if you work abroad for a UK-based company, call our employment law solicitors on 0151 239 1000 as soon as possible.


Get advice on TUPE from Employment Solicitors


Getting the proper legal advice when if comes to TUPE transfers can make a big difference; especially if the business you work for has been transferred and your new employer has made changes to your contract that negatively affect you. You might decide to pursue your case all the way to an employment tribunal, for example in a situation where you feel you have been unfairly dismissed. We will be able to provide you with representation throughout your claim, including at any tribunal hearings you may need to attend.


Call 0151 239 1000 to speak to one of our Employment Solicitors for advice about TUPE if you’re employed by a business that is being transferred. Our solicitors offer a free initial telephone consultation of up to 10 minutes. For more detailed advice on a TUPE matter, we also offer face-to-face meetings at our Liverpool offices with prices starting from £100 inclusive of VAT for a 30 minute consultation with one of our Employment Solicitors.

The Employment Lawyers Association