TUPE Law for Employees – FAQs

TUPE Law for Employees – FAQs

Listed below are questions we are commonly asked:

What if I don’t want to work for the new company?

If you don’t want your employment to transfer to the new company then you can opt-out of the transfer. You need to think very carefully before doing this, because this has the effect of your resigning and you couldn’t bring a claim.  If your  concern is that the new employer is planning to make substantial changes to your working conditions which you are unhappy about, you may be able to bring a claim or negotiate with a view to reaching a better deal. You should take advice from us before you take any action.

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

 

When does TUPE apply?

TUPE can apply in many contexts, but the most common scenario is when a business (or part of a business) is sold, with the buyer acquiring the assets and goodwill and continues to trade as a going concern.

TUPE also applies where there is a change of service provider. If services which were undertaken in-house are outsourced to a third party or if services are taken back in-house, TUPE may well apply.

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

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