What are my rights under TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE applies in two situations: a business transfer (where an economic entity — a business or part of one — is transferred from one employer to another as a going concern) and a service provision change (where a contract for services changes hands, for example when a client outsources a service, brings it in-house, or changes its contractor). Where TUPE applies, the key protections for employees are: automatic transfer of employment to the new employer (the transferee) on the same terms and conditions; continuity of employment is preserved (so years of service count from the original start date); the new employer cannot unilaterally change terms and conditions for a reason connected to the TUPE transfer (changes are void unless there is an economic, technical, or organisational (ETO) reason entailing changes in the workforce); and employees are protected from dismissal where the reason for dismissal is the TUPE transfer (such a dismissal is automatically unfair). Both the outgoing employer (transferor) and incoming employer (transferee) must inform and, where they propose measures affecting employees, consult elected employee representatives or trade union representatives in advance of the transfer. Failure to do so can result in compensation claims of up to 13 weeks' gross pay per employee. If you are affected by a TUPE transfer, request written notification of the transfer and your new employer's details.