The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) has been in place in the UK since 1981 and yet remains one of the most complicated and frustrating piece of employment legislation. As with much UK employment law, the original directive came from Europe so who knows what will happen with this, often unloved, piece of legislation in the future! Nonetheless, it’s here to stay for now so we thought it would be prudent to answer the most FAQs we receive on TUPE.
TUPE Transfers
Employee Engagement Surveys – What Are Your Employees Thinking and Do You Really Care?
As an employer, you will no doubt want your employees to enjoy working in your organisation and not just turn up every day because they are paid to, but how do you know what they genuinely think about working for you if you don’t ask them?
There are lots of different ways to measure engagement but in this week’s blog we thought we would give you a quick overview of the pros and cons of two types of employee engagement survey.
Company Culture – Does It Really Matter?
Establishing a company culture may sound like a very broad statement but in most cases it’s something that already exists and just needs nurturing. There may be some scenarios however where you feel you need to redefine the culture and behaviours of your employees to ensure that the direction your business is taking is in line with the overall business vision. In this blog post we look at the topic of company culture and the impact it can have on a business.
TUPE or not TUPE (that is the question) – When Does TUPE Apply?
We’ve recently had several queries regarding the complex world of TUPE (Transfer of Undertakings (Protection of Employment)) regulations.
As you can imagine there is far too much to cover in just one blog but we thought we would give you a quick overview of what TUPE is, when it generally applies and what the basic responsibilities are for the employers involved.
Changing Terms and Conditions of Employment – Can You Do It?
Changing terms and conditions of employment can be difficult. We’ve recently had a number of our clients ask whether they can change their employees’ terms and conditions of employment, particularly following a TUPE transfer. A simple answer is yes you can, but you need to follow a diligent process and be aware of potential pitfalls.
If you have a staff base made up of employees on differing terms of employment, either due to different contract revisions or having transferred employees through business purchases, you may get to a point where you want to have all employees on one set of terms and conditions (referred to as ‘harmonising’). This may be for economic reasons, to help with administration and management or just to ensure everyone is getting the same deal.
Post Termination Restrictions – What You Can and Can’t Do
When a key employee leaves your organisation one of your biggest concerns is whether or not they are about to steal your clients and intellectual property. To limit what a former employee can do, or what they can take from your business, it is common practice to include post termination restrictions, also known as restrictive covenants, within your contract.
The Government is currently considering whether post termination restrictions unfairly hinder employees from moving freely between jobs or even stifling entrepreneurship; this blogs highlights the risk areas and what you should consider before overloading your contracts with onerous covenants that may be legally unenforceable.
Shared Parental Leave – Understanding Your Responsibilities and Putting Them into Practice
When the Shared Parental Leave & Pay Regulations 2014 were rolled out last year the sound of heads being scratched could be heard across many companies as the practicalities of these regulations were digested. Now over a year on, we wanted to remind you of your SPL obligations and also highlights risk areas that have come out of a recent Tribunal decision.
Performance Appraisals – Preparation is Key
In this blog post we’ll give you some practical guidance on the things you need to think about when preparing for and delivering an appraisal. This should help you ensure both you and your employees benefit from the time you are investing.