TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations
The TUPE rules apply to organisations of all sizes and protect employees’ rights when the organisation or service they work for transfers to a new employer.
TUPE has impacts for the employer who is making the transfer (also known as the outgoing employer or the transferor) and the employer who is taking on the transfer (also known as the incoming employer, the ‘new employer’ or the transferee).
When does TUPE apply?
There are two situations when the TUPE regulations may apply; business transfers and service provision transfers.
In business transfers
The TUPE regulations apply if a business or part of a business moves to a new owner or merges with another business to make a brand new employer.
In service provision transfers
The TUPE regulations apply in the following situations:
- a contractor takes over activities from a client (known as outsourcing).
- a new contractor takes over activities from another contractor (known as re-tendering).
- a client takes over activities from a contractor (known as in sourcing).
ACAS had produced a short introductory video to explain TUPE which you can find here
Terms and conditions under TUPE
When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.
Following a transfer, employers often find they have employees with different terms and conditions working alongside each other and wish to change/harmonise terms and conditions. However, TUPE protects against change/harmonisation for an indefinite period if the sole or principal reason for the change is the transfer. Any such changes will be void.
More detailed information can be found here
Employing people – a guide for new employers
Employing people seems a perfectly straightforward matter: hire them, then set them to work, but is it so easy?
Many employers find the list of legal rights and responsibilities daunting. But complying with the law and looking after your staff will make you more efficient and more profitable.
Getting the ‘people’ part of your new business wrong could cost you time, money or lost profitability through:
- recruiting unsuitable employees
- inadequate training
- low morale and motivation
- high absence levels and turnover of employees
- ineffective management and supervision
- too many dismissals
- employment tribunal claims.
You can download the guide here
HAPPY NEW YEAR TO YOU ALL!
Our office is now fully open following the Christmas break, and we are offering our full range of services to you.
Coming up in March we have several training courses which may be of interest to you, including sessions on Financial Management, Employment Law, Business Planning and Budgeting and Cashflow. All courses run from 09:45 – 12:30 at the Derby Bosnian Centre DE1 1LN
Date: Wednesday 23rd November 2016
Time: 09:30 – 12:30
Venue: Bosnia Herzegovina Centre DE1 1LN
Book your place here
An essential course for all those groups who employ or are thinking of employing members of staff. Andrew Monroe will present and explain the golden rules to help you avoid any mishaps. Redundancy and dismissal regulations will be covered. Andrew will also explain the implications of new legislation.
Having problems managing your finances or querying about employment law?
Look no further – we have more training courses coming up in November. More details to follow, but you can book now by emailing us here.
Wednesday 16th November – Financial Management for Voluntary Groups
Wednesday 23rd November – Employment Law
Wednesday 30th November – Budgeting and Cashflow Forecasting
If your group employs paid staff, then this course is a MUST for you. To book your place, contact us here. Andrew Monroe will demonstrate the 10 Golden Rules to help you avoid any mishaps, particularly with the changes in legislation this October.
Date: Wednesday 14th October 2015
Time: 09:45 – 12:30 (tea and coffee available from 09:30am)
Venue: Derby Bosnia-Herzegovina Centre, 99 Curzon St, Derby DE1 1LN
Parking available at the Pay and Display car park in Abbey Street – entrance close to junction with Mercian Way A601. Charge £3.80 for up to 4 hours.