If a new company takes over your employer’s business or the work they do, you may have protection under the TUPE (Transfer of Undertakings (Protection of Employment)) Regulations. You may have a claim if your new employer tries to dismiss you or change the terms and conditions of your employment. Please contact one of our advisers to discuss. The Employment Tribunal has very strict time-limits for making claims; usually three months less one day from the date of your complaint. It is therefore important you seek advice as soon as possible.
What is TUPE?
The TUPE (Transfer of Undertakings (Protection of Employment)) Regulations apply wherever there has been a relevant transfer. For example if a business is taken over by another owner, or if the services provided by a business (“business A”) are subsequently carried out by a competitor (“business B”) Where there is a relevant transfer employees are afforded the right to be transferred over to the new employer on the same terms and conditions as those enjoyed under their existing contract of employment.
Employers are under a duty to comply with very strict procedures in a TUPE (Transfer of Undertakings (Protection of Employment)) Regulations transfer, including consulting with elected representatives. If your employer fails to do this then you may have a claim for a Protected Award as a result.
If your employment is terminated because of the relevant transfer then you may have a claim for automatic unfair dismissal. Equally if your employer attempts to change the terms and conditions of your employment as a result of the transfer, this may entitle you to commence proceedings for Constructive Unfair Dismissal. However, the rules are complicated and you should always take independent legal advice before deciding whether or not you have a claim.
Who can bring a claim under TUPE?
For many employees, there are time limits in relation to the amount of continuous employment they must have with their employer before they allowed to bring a claim. There are, however, exceptions to this rule.
The Employment Tribunal has very strict time-limits for making claims; usually three months less one day from your last day of employment. It is therefore important you seek advice as soon as possible.
Our specialist Employment Advisors would be more than happy to assist if you are unsure whether or not you have a claim under TUPE.
If you consider you might have a claim, please do not hesitate to contact your nearest Ringrose Law office in Boston, Grantham, Lincoln, Sleaford, Spalding or Newark and ask for a member of the Employment Law team.