Transfer Of Undertakings

Understanding and Navigating Transfers of Undertakings

Imagine that your place of work is merging with another company or is being bought over by a new entity. With all the commotion and uncertainty, you might be wondering, "What does this mean for me?" Don't fret! At Aticus Law, we're here to guide you through the murky waters of these transitions, particularly regarding TUPE or the Transfer of Undertakings (Protection of Employment) Regulations, and how it influences your rights as an employee.

TUPE regulations come into play when there's a "relevant transfer" in your workplace. This could be due to a merger, acquisition, or certain outsourcing situations. These regulations are essentially a safety net to protect employees like yourself during such transitions. Under TUPE, you automatically become an employee of the incoming company, and importantly, your employment conditions should remain unchanged, if that's what you wish.

Can My Terms of Employment Change?

If you're worried about possible changes to your work conditions, rest easy. The TUPE regulations are designed to protect the terms and conditions of your employment during such business transitions. You certainly wouldn't want to agree to less favourable terms just because the company ownership has changed.

For example, if your current terms state that you're not required to work on Sundays, this right should continue to be protected. You're not obligated to accept new terms that may negatively impact you.

Should the incoming employer wish to alter your employment conditions, they must consult you first. This could be about changes to your pay, working hours, holiday entitlement, or other terms. If these new conditions aren't as favourable as your current ones, we highly recommend seeking expert legal advice. Under TUPE, you're not required to give your consent to such changes.

Except under limited circumstances, the new employer can't make changes without your agreement. If your terms of employment have been altered due to a TUPE transfer, and none of these exceptions apply, it's possible that your rights have been violated.

What About Dismissal?

You may also worry about the risk of redundancy or dismissal, particularly if you refuse to agree to altered terms of employment. However, under TUPE, you can't be dismissed unless the employer has a legitimate economic, technical, or organisational reason. Any redundancies must also be lawful.

How Can We Help?

Deciphering whether TUPE applies can be a complex matter, often with many subtle nuances. That's where our dedicated employment law solicitors step in. We can provide you with advice tailored to your specific circumstances, and clarify whether you're protected under TUPE regulations, and if your right to consultation has been fulfilled.

We're also here to help if you feel that your employment terms have been unjustly altered following a TUPE transfer, or if you've been dismissed without a valid economic, technical, or organisational reason. We will thoroughly examine if the incoming employer's actions were lawful. If not, we will strive to uphold your employment rights and seek the appropriate remedy.

At Aticus Law, we believe that every employee should feel secure and protected during these transitional periods. We're here to shine a light on the legalities surrounding TUPE and ensure that your rights are safeguarded. Change may be inevitable, but with us by your side, you can confidently navigate through it. Let's protect your rights, together.

Call our Employment Law Solicitors today.