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.
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 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.