TUPE Regulations
The TUPE Regulations define the requirements for the transfer of an undertaking, or part of an undertaking, from one employer to another. The regulations apply where there is a transfer of an economic activity, and they seek to protect the rights of employees by ensuring that their terms and conditions of employment are not adversely affected by the transfer.
When the TUPE Regulations apply, the outgoing employer (the transferor) must provide the incoming employer (the transferee) with certain information about the employees who will be transferring. This includes information on their terms and conditions of employment, as well as any collective agreements that are in place. The transferee must then take on these terms and conditions, meaning that employees’ rights are protected.
The regulations also state that any dismissals that occur prior to the transfer are void unless they are for an economic, technical or organisational reason relating to the transfer itself. This means that employees cannot be dismissed simply because their job is changing hands – they can only be let go if there is a genuine business reason for doing so.
In summary, the Tupe Regulations exist to protect employees’ rights when their jobs are transferred from one employer to another. These rights include continuity of employment, as well as protection against dismissal without a good cause.