What do you mean by TUPE?

What do you mean by TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. This is relevant to any redundancy decisions where a business or part of it is transferred from one owner to another.

How does a TUPE work?

An example of TUPE in action would be an organisation that has outsourced a particular area of their operations choosing to transfer responsibility from an incumbent service provider to another. Under the regulations, those workers that are affected become employed by the new provider.

What is TUPE model?

​​​​​​​​​Social-Ecological Model​​​​​​​​​​ ​​​ TUPE uses a five-level​ social-ecological model to assess how environmental and interpersonal factors can encourage or deter tobacco use and vaping among youth. Each level of the model identifies a point of influence and a potential opportunity for intervention.

How long is a TUPE period?

indefinite
What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite; if the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

What are my rights under TUPE?

TUPE also preserves rights under the contract of employment, statutory rights and continuity of employment and includes employees’ rights to bring a claim against their employer for unfair dismissal, redundancy or discrimination, unpaid wages, bonuses or holidays.

Can I refuse TUPE and take redundancy?

Redundancy rights if you do not want to transfer If you do not want to transfer to the new employer, you can refuse, but you would usually have no rights to claim: redundancy pay. unfair dismissal.

What are your rights under TUPE?

Can a new employer refuse TUPE?

If you do not want to transfer to the new employer, you can refuse, but you would usually have no rights to claim: redundancy pay. unfair dismissal.

What is TUPE and when does it apply?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.

Can I be made redundant after TUPE?

After a TUPE transfer After you have transferred, your new employer can only make redundancies related to the transfer if there is both: a genuine redundancy situation. a need to make changes to the workforce for economic, technical or organisational (ETO) reasons.

Can my employer change my contract after TUPE?

After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.

Do you get redundancy if TUPE?

If you’re made redundant after a TUPE transfer, your new employer is responsible for any redundancy pay. Your redundancy pay must be based on your length of service (‘period of continuous employment’). This includes the time you worked for your old employer before you transferred.

Does TUPE mean redundancy?

TUPE stands for Transfer of Undertakings (Protection of Employment). Before starting a redundancy process, you should consider all the options to reduce or even avoid redundancies. Find out more about avoiding redundancies.

Can I be sacked after TUPE?

It is automatically unfair to dismiss employees because of the transfer. For example, on a business sale, if you are sacked because the buyer simply refuses outright to take on some of the workforce, this would be an automatically unfair dismissal in breach of TUPE. You need two years’ service to bring your claim.

Can I be made redundant after a TUPE transfer?

In what circumstances does TUPE not apply?

TUPE applies to public sector transfers if the transfer is from the public sector into the private sector or from one public authority to another. For example, from the NHS to a local authority. TUPE does not apply to transfers within the public sector where the employer does not change.

Who pays redundancy in TUPE?

Managing redundancies in a TUPE transfer In this situation, the old employer is responsible for their employees’ redundancy pay. After a TUPE transfer, if the new employer makes any employees redundant, they’ll be responsible for their redundancy pay.

Is salary protected under TUPE?

No, currently your terms and conditions are protected. They can be renegotiated after one year provided that overall the contract is no less favourable to the employee, your trade union will be consulted during any changes to terms and conditions.

How much notice does an employer have to give for TUPE?

The organisation needs to give you 45 days notice. However, some organisations will give more than this to enable employees to ask questions and attend meetings.

Is my salary protected under TUPE?

TUPE protects your working rights when you transfer to your new employer. Your employment terms and conditions should be protected under TUPE even if you are employed by a company that provides services to another company under a contract.