When a business is sold or otherwise transferred from one owner to another it is the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) which protects existing staff from having their employee contract terms and conditions changed arbitrarily.
This is a complex area of employment law, and one which has the potential for much disruption to business proceedings if not managed correctly at the outset.
Employees subject to a change of employer as a result of the business ownership altering are protected by TUPE in a number of ways. TUPE ensures that:
An employee’s contract is transferred wholesale, without alteration, from the previous owner/employer to the new owner/employer;
A new owner/employer cannot change the terms of a transferred employment contract without fair consultation;
A new owner/employer must adhere to the terms of a transferred contract of employment.
If terms and conditions of a transferred employment contract are not recognised or upheld, the employee may have grounds for unfair or wrongful dismissal which may require the intervention of an employment tribunal.
The employment law department at George Ide LLP is recognised as being a leading light in legal services for businesses in West Sussex and the south.
With many years’ experience in advising on TUPE and all employment law issues, our solicitors offer forthright, client-focused and cost-effective legal advice and representation to assist in matters relating to employers and their employees.
With a focus squarely upon keeping TUPE-related employment issues to a minimum, George Ide strives to offer business owners the chance to focus on the day-to-day running of their trade while they handle employment law issues – always attempting to keep litigation to a minimum and making resolution of any disputes possible through mediation and negotiation wherever appropriate.
If you would like to find out more about how TUPE will affect your business please contact our employment law team using the contact details in the staff profiles featured on this page.