Transfer of Undertakings

The Transfer of Undertakings Regulations have been put in place to preserve an employees terms and conditions where a person sells or otherwise transfers all or part a business or undertaking a new employer. This is a very complicated area of law and it is important that advice is sought as early as possible into the process so you are aware of your legal rights.

There are many obligations placed on your employer where a TUPE transfer occurs, such as the need to consult employees as soon as possible about the whole process. Your employer must inform you of the date of the transfer and the reasons for it. You should also be informed of the legal, economic and social implications of the transfer for you. If a redundancy situation arises as a result of the decision to sell or otherwise transfer the business then this may give rise to a claim to an Employment Tribunal. There may also scope to negotiate a compromise agreement with your employer should you wish to find alternative work.

A claim to an Employment Tribunal would not arise purely due to a TUPE transfer, however, if you are unfairly dismissed as a result of the Transfer or you find that there is a drastic change to your terms and conditions of employment for the worse, a dismissal will automatically be unfair unless the main reason for the dismissal resulted due to an economic, technical or organisational reason, involving changes in the workforce and your employer acted reasonably in deciding to dismiss you.

Where a Transfer has occurred and your new employers attempt to vary the terms of your contract, we can assist you in negotiations and make you aware of your legal rights. We can assist you in negotiating a compromise agreement with your new employer. Where a TUPE Transfer has taken place and circumstances subsequently give rise to a redundancy situation, then your statutory entitlement to redundancy pay will run from the date you began working with your old employer.

Should you require any assistance please do not hesitate to contact us on 0208 301 4884 and book an appointment to see one of our specialists today. Alternatively, you can e-mail us your details on enquiries@alettashaw.co.uk and we will contact you.