Transfer of Undertakings (Protection of Employment) Regulations (TUPE) Lawyers

There are complicated rules that protect the rights of employees when a business changes hands. Specialist advice is essential.For employees, if your employer is being sold to another company, you have specific rights and protections. It is best to know what these are in advance.

TUPE Legal Advice Scotland

There are complicated rules about what amounts to an “undertaking” and a relevant “transfer” such that the TUPE rules apply.  However, in most cases a TUPE transfer occurs where the assets of a business transfer from one owner to another.  This includes services being outsourced or taken back “in-house”, such as cleaning, catering or security services.

When TUPE applies, all employees of the outgoing employer automatically transfer to the employer who is taking over. This means that all employment rights about the employment continue, including:

  • all of the terms in the employment contract such as pay, job role/title, holiday pay and sick pay
  • any entitlements that have accrued carry over, such as any holiday or bonus that is yet to be paid to the employee
  • all liabilities of the outgoing employer, for example any outstanding employment tribunal claims against the outgoing employer.

All of these obligations become the responsibility of the employer taking over.

The general position is that any changes to the terms of employment which are “connected to” the TUPE transfer are void.  However, changes can be made in certain circumstances.  Similarly, any dismissals which are connected to the transfer are automatically unfair, but certain dismissals such as redundancies can be implemented provided they are carried out fairly.

There are requirements to inform and consult with employees about the TUPE transfer.  Failure to do so in accordance with the rules can result in the employees bringing compensation claims in the employment tribunal.

Going through the process of a TUPE transfer can be complex and may cause some disruption to business.  Our employment lawyer Ben Thornber can advise on all aspects of TUPE for businesses or individuals in Scotland.

Contact Thornber Employment Law – Legal Advice on TUPE

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We advise clients in Fife, Lothian, Tayside and across Central Scotland. If you are looking for clear, practical help from a real expert on TUPE, give Ben a call today on 01383 27 2000 or fill out our online enquiry form – arrange your initial discussion about TUPE or about any employment issue today.