When a business is transferred from one party to another, your statutory and contractual rights are protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006. These are commonly known as the TUPE Regulations.
TUPE applies to business transfers (or part of a business transfer) comprising the transfer of an economic entity which retains its identity after the transfer.
Under these regulations certain rights and liabilities will transfer automatically from your old employer to your new employer. If either your new employer or your old employer changes your terms and conditions of employment then these changes are likely to be void and any dismissals in connection with the transfer may also be automatically unfair.
You should be consulted as part of the transfer and you should receive specific information. Failure to comply with these obligations could result in specific claims being brought that may entitle you to compensation.
Your rights under TUPE
TUPE provides that your contract of employment and all rights connected to that contract of employment are transferred save for criminal liability.
Occupational pension schemes are however excluded from any transfer so we advise that you seek specialist advice immediately.
If you are dismissed and you can demonstrate that the sole or main reason for the dismissal was connected to the transfer then you may be able to claim for automatic unfair dismissal. If, however your employer can show that the dismissal was for an economic, technological or organisational reason requiring a change in the workforce, then this will act as a defense.
Your employer will also need to demonstrate that the transfer was for an economic, technological or organisational reason requiring a change in the workforce if they wish to change the terms and conditions of your employment.
We advise that you contact us immediately if you believe your rights have been/ will be affected by such a Transfer.