Who qualifies for TUPE?

Who qualifies for TUPE?

The percentage test has long been a rule of thumb in TUPE. This essentially means that you look at the percentage of working time an employee spends in the transferring business or service. If it is 50% or over then they transfer.

How long is TUPE valid for UK?

What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

What are the rules of TUPE?

The TUPE Regulations preserve employees’ contractual terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.

How long does TUPE last for?

TUPE regulations give some protection to your terms and conditions for an indefinite period. For example, if your new employer wants to change your terms and conditions 10 years later, they’d still need a valid reason for the change that is unrelated to the transfer.

Can my salary be reduced under TUPE?

Under TUPE, any attempt to change your contract terms will be void if the only reason or main reason for the change in contract terms is the TUPE transfer. This means it would be unlawful for your new employer to reduce your pay, or make any of your existing contract terms less favourable.

Can I be made redundant under TUPE?

Before a TUPE transfer Before the transfer, your current employer cannot make you redundant if your new employer asks them to. This would be considered an unfair dismissal. If 20 or more employees are at risk, a redundancy consultation can start before the transfer if both your current and new employers agree.

Can I refuse TUPE and take redundancy?

No, an employee in a TUPE situation who refuses to transfer is not entitled to a redundancy payment. This means that a refusal to transfer will mean that the employee has in effect resigned. It follows that there is no entitlement for the employee to claim a redundancy payment.

Can I be sacked after TUPE?

TUPE provides some limited extra protection against dismissal. It is automatically unfair to dismiss employees because of the transfer. A dismissal will not be automatically unfair if it is for an ‘economic, technical or organisational’ (ETO) reason entailing changes in the workforce.

How long is my salary protected under TUPE?

No, currently your terms and conditions are protected. They can be renegotiated after one year provided that overall the contract is no less favourable to the employee, your trade union will be consulted during any changes to terms and conditions.

What is not protected by TUPE?

Employees aren’t protected under TUPE if the contract is: for the supply of goods for the company’s use (eg a restaurant changing food suppliers) for a single event or short-term task (eg a catering company being used for a large corporate event)

What does Tupe mean for employees?

TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations in business. TUPE is a set of protective regulations that safeguard the rights of employees undergoing transfer. The regulations came into force in 1981, and remain the most important piece of legislation when dealing with employee transfer.

What does Tupe mean?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. This is relevant to any redundancy decisions where a business or part of it is transferred from one owner to another. Both the old and new owners are required to inform and consult staff affected directly or indirectly by the transfer of ownership.