TUPE Rights | Transferring Businesses | Paul Doran Law

Belfast Office
12 Carnmoney Road
Glengormley
County Antrim BT36 6HN

Leeds Office
West One
114 Wellington Street
Leeds
West Yorkshire
LS1 1BA

London Office
124 City Road
London EC1V 2NX

Newcastle Office
Gear House
Saltmeadows Road
Gateshead
Tyne and Wear NE8 3AH

Telephone: 0808 1687 288
Email: enquiries@pauldoranlaw.com

TUPE

What is TUPE?

You may have received a letter from your employer advising you that the business or part of the business is to be transferred to another organisation and that TUPE will apply. This is a confusing term and difficult area of the law.

TUPE refers to the ‘Transfer of Undertakings (Protection of Employment)’ Regulations 2006. The TUPE regulations protect your existing contract if the business, part of a business or service you work for, transfers to a new employer. Regardless of the size of business or company, employees are still protected under TUPE regulations.

This means that during the change of employers, TUPE regulations are there to protect employees by ensuring that when they are transferred to the new employer, most of the rights and conditions in their contracts transfer as well.

We have provided below an outline of the law on TUPE that you may find useful.

If you would prefer just to speak to someone immediately, please call us now on 0808 1687288 or complete the Quick Contact form on the right of this page, and we will soon be in touch with you for a FREE ASSESSMENT of your case.

TUPE Regulations

If an employee is involved in a transfer, these regulations are there to protect the employee’s rights by:

When does TUPE apply?

There are two types of transfers that are protected under TUPE (1) Business transfers and (2) Service provision transfers. The transfers must take place from a UK-based company in order for employees to be protected under TUPE.

Business Transfers:

The TUPE regulations apply if a business or part of a business is transferred from one employer to another, or merges with another business to create a new company.

Service Provision Transfers:

The TUPE regulations apply in the following situation:

Strictly speaking, under service provision change, you will only be protected if you can be clearly identified as completing the service that is being transferred.

TUPE Protection- What does TUPE Protect?

Right to be informed

It is an employee’s right to be consulted and informed when there is a proposed transfer. Even though there is no set timeframe in TUPE, the employer must inform/consult with employees through appropriate elected representatives such as a trade union rep or a formally elected employee representative before the transfer. The information about the proposed transfer must be given in written.

If the employer fails to inform employees about the TUPE transfer, the employee may be entitled to make a claim. Yet, this would need to be brought within three months of the transfer date.

Protection of Terms and Conditions

During the transfer and after the transfer, the terms and conditions of the employee’s contract are protected. Usually, following a transfer, employers recognise that the transferred employees have different terms and conditions with the other staff. In these cases, employers wish to change or harmonise the terms and conditions of the transferred employee’s contract. However, under TUPE, terms and conditions are protected against change and harmonisation. There is no time limit preventing the employer to make these changes, so long as this is not related to the transfer. Any such changes relating to the transfer will be void, even if the employee is in agreeance with the changes.

An employer is, however, permitted to change the terms and conditions where there is an economic, technical or organisational reason to do so (an “ETO” reason).

There is no definition of an ETO in the regulations. Government guidance is that ETO reasons are could include reasons relating to the profitability of the new employer’s business (an ‘economic’ reason; the equipment or processes used by the new employer operates (a ‘technical’ reason) or the management or organisational structure of the new employer’s business (an ‘organisational’ reason).

What Can You Do?

During the transfer process, employees might feel that their rights or contract has been infringed upon, or even been victims of unfair dismissal. If you feel that your rights or contract have been infringed upon or you have been subjected to unfair dismissal, then you might be protected by TUPE and can make a claim. It is important to seek legal advice to discuss your situation and if you are entitled to make a claim.

Even if you are unsure about being protected under TUPE and you are involved in a transfer, it is still important to seek legal advice.

How We Can Help

Our employment solicitors are experienced in this area and by contacting us we will be able to offer you a free initial consultation. During this initial consultation, we can assess your situation, provide you legal advice, and advise you with the prospects of your case. If you do decide to take your case forward, our solicitors will assist you throughout the legal process to ensure that you receive the best possible legal support.

We have a number of options regarding funding a case (see here) and have also arranged an insurance policy which will protect you against the risk of having to pay Tribunal fees should your case be lost.

“I would recommend Paul’s legal service as it is professional and thorough. Any queries were answered quickly with detailed responses.”

S Hall

Make an Enquiry Now

To make a free enquiry based on any of the issues raised on this page call us on 0808 168 7288, or complete an Online Enquiry.

We will also discuss the best methods of funding your case and seek to reach a solution that best suits your needs. This can involve a “no-win, no-fee” agreement if appropriate.

 

Call us on
0808 1687288
or fill in this
Free Online Enquiry

(no cost or obligation)

We will only use the information you provide to handle your enquiry, and we will never share it with any third parties.

What Our Clients Say

I found all the staff to be knowledgeable and highly professional. Stephanie W

My experience has been a very professional one. The case ran smoothly from the get go. I was always kept in the loop. Dinah T

Up to date information. Easy to contact. Knowledgeable solicitor. No win without him. Audrey S

Very good. Always stayed within the timescales given. Sound advice, would recommend. Ken S

Efficient and helpful. Takes the claimant points into consideration. Angela R

Paul Doran Law has been extremely helpful and supportive in very difficult circumstances. I would highly recommend them as professionals to others and have a lot of faith in their advice. David R

Although a lengthy case I have been constantly updated throughout. Susan R

Paul answered me promptly, was very helpful and advised me what to do. Winifred P

Paul Doran was very helpful during my communication. Friendly and professional. Adrian M

Cormac is a very reassuring person, he made sure I was kept up to date as my case progressed and was always supportive when I got the jitters. He was very diligent and methodical whilst representing me. Iain M

Professional approach and positive attitude. Shirley M

Competent and efficient and very pleasant to deal with. Cloda McN

Cormac explained my options and talked me through each step and advised me of the best possible outcome. Gerard McL

Very helpful. Emma McA

Satisfied with service. Susan H

Very satisfied with the professional way case was handled. Evelyn H

Staff and solicitor very helpful at all times. Solicitor very knowledgeable and took my case and concerns seriously, and in a very professional manner. Deborah H

Friendly, efficient and very professional. Charlotte G

Very friendly and competent service. Peter G

My experience using Paul was very professional at all times. Kept me up to date at all times throughout the process. Blanche G

Very professional, friendly and efficient. Kept me informed throughout the process. Straight forward service which is exactly what I needed. Paula F

Good end result, Paul did a lot of work. Thank you. Lyn E

Felt at ease and was listened to; got excellent advice. Gemma D

Very professional and always willing to help and offer advice when needed on the situation. Lytreena D

Outstanding, friendly service from start to finish. Matthew C

Very professional and always left valued as a client. I feel that the company has worked very hard to get me a good result. Christine C

From day one there was a plan of action. I feel I was listened to and heard, after which the process was then easy. Kanta C

I would highly recommend. Karen B

Confident in representation. June B

Very happy with all aspects of my experience from initial contact to finish. Andrew B

Understanding and very prompt. Michelle W

Completely professional, and secured a settlement beyond my expectations. Cormac was exceptional – very many thanks. Joan W

Very happy with results. Very grateful for all Paul and his team have done for me. I feel valued as a client, my questions were always answered very quickly. Thank you. Anna V

Very good, professional. Amida S

Always responsive, courteous and supportive. Would recommend to friends and family without hesitation. David S

Easy and efficient and professional at all times. Stephanie R

Very good. Yusuf O

Excellent, efficient and prompt legal advice. Very satisfied with service provided. Lisa N

It took me a long time to find a solicitor who would support my case. I’m so glad I found Paul Doran Law who brought me success. Shirley N

I have had a very pleasant experience using Paul Doran Law and would definitely use again. Rebecca McM

The service was always informative, dignified and respectful. Chloe McL

I would definitely recommend. Colleen McB

Cormac was excellent from start to finish. I have already recommended him to friends and family. Sam M

Paul Doran Law were professional and very concerned about my feelings and what I had been through. I felt that they cared. Lisa M

Professional, helpful, very knowledgeable. Highly recommended. Bekki M

I found Cormac very compassionate and was always there as I had a lot of queries. Stephen McG

Impressed with accessibly, speed of response and professionalism. Edna L

Cormac was very professional and reassuring at all times. Kat K

Great, a good experience. Thank you. Mary K

Professional, efficient and friendly. Tabitha K

Very well treated throughout. I was always listened to and my questions answered. Allan H

I found Mr Rice to be professional, amiable and my overall experience was a positive one. Marcel G

I received valued information initially and came back later to receive a very satisfactory outcome. Lyn F

Put at ease very early on which helped me feel less stress. Harry D

I can’t thank you enough. I am so glad with the outcome and will recommend you. Christopher B

Cormac was great. Tom B

I would recommend Paul’s legal service as it is professional and thorough. Shelia H

This claim has been handled professionally and without delays. I am totally satisfied. Kelly L

Should the need arise I would definitely use Paul Doran’s services again. Suzie U

Any queries were answered quickly with detailed responses.  Sharon H

Everything was written very simply and in plain English which was good. Sylvia B

When time lines have been set, they have been met. I did not just feel like a case number. Karen S

When I emailed, Paul replied straight away.Very friendly and easy to talk to. Rita C

Paul was very thorough and helpful and successfully brought my case to an end. Margaret C

I feel strongly that Paul cares about clients. Pamela R

Paul was very reasonable and fair regarding the fees deducted from my claim offer I was awarded. Deborah McM

Very professional all the way through the process. Sharon C

I found all the staff to be knowledgeable and highly professional. Stephanie W

Well informed and easy to contact. I wouldn’t have won my case without him. Audrey S

Very good. Always stayed within the timescales given. Sound advice. Would recommend. Ken S

Efficient. Helpful. Take the clients points into consideration. Angela R

Paul Doran Law has been extremely helpful and supportive in very difficult circumstances. David R

Although a lengthy case, I have been constantly updated throughout. Jenny R

Professional and efficient service with helpful and friendly staff. Susan R

My case was handled professionally and my solicitor was very understanding and quick to respond. Eleanor P

Paul was very helpful and friendly. Adrian M

Cormac is a very reassuring person. He was very supportive when I got the jitters. Iain M

Kept going when it did not good and achieved a successful outcome. Shirley M

Competent, efficient and very pleasant to deal with. Cloda McN

Cormac deserves a salary for counselling alone! Lesley A

Cormac explained my options and talked me through each step and advised me of the best possible outcome. Gerard McL

They were quick to get things sorted. Emma McA

Very satisfied with the outcome to my case. Evelyn H

Solicitor very knowledgeable and took my case and concerns seriously in a very professional manner. Deborah H

Friendly, efficient and very professional. Charlotte G

I liked the personal touch. I received phone calls with updates instead of relying on letters all of the time. Sharon C

Very friendly and competent service. Peter G

Very professional. Kept me up to date at all times throughout the process. Blanche G

Straightforward service which is exactly what I needed. Paula F

Good end result. Paul did a lot of work. Lyn E

Very professional and always willing to help and offer advice when needed. Lytreena D

Very pleasant manner from staff and solicitors. Sara C

Outstanding. Friendly service from start to finish. Matthew C

I feel the company worked very hard to get the result. Christine C

From day one there was a plan of action. I feel I was listened to and heard after which to prove the case got easy. Kanta C

I would highly recommend. Karen B

Very good overall service. Judith B

Very happy with all aspects of my experience from initial contact to finish. Andrew B

Very professional, friendly and efficient. Kept me informed throughout the process. Paula F

Very professional. I always felt valued as a client Christine C

Paul was extremely professional and efficient Lesley A

Outstanding – friendly service from start to finish Matthew C

Paul Doran was very helpful during my communications, friendly & professional. Adrian M

I found right from the beginning Paul was very friendly and easy to ask questions at any time. Rita C

Paul is prompt, friendly and approachable. I liked how he was committed to my case and kept me informed. Judith P

I appreciate the thorough and expedient manner to which the task was completed. Barbara H

I feel Paul really cares about his clients and works to get the best outcome and justice for them.  Elaine S

My claim has been handled professionaly and without delays.  I am totally satisfied. Kelly L

Paul’s legal service is professional and thorough. Sharon H

I entrusted him with something that was very important to me and he did not let me down. Deborah McM

I was in contact with Paul on many occasions and all queries were dealt with personally and politely. Judith C

It has been a pleasure using Paul Doran Law. I would recommend him to friends and family. Sylvia B

Cormac was an absolute pleasure to work with – very polite, helpful, and thoughtful. Jessica D

Paul was polite and considerate and efficient. I would highly recommend this firm Geraldine A

I have been very impressed by the industry knowledge and the level of service provided. Nuala M

Quick, honest and responsive.

J Chambers

The service provided has been delivered beyond expectation.

K L Stokoe

Recommend without reservation.

J Taylor

If Paul had not taken on my case, I would not have received monies owed to me. E Shefford

I would recommend Paul’s legal service as it is professional and thorough. S Hall

View more testimonials

Why Choose Us?

  • We only work for employees
  • 25+ Years' Experience
  • No Win, No Fee available
  • Insurance to protect against Tribunal fees