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Transfer of Undertakings (Protection of Employment) Regulations 2006 - ‘TUPE’

The Transfer of Undertakings (Protection of Employment) Regulations 2006 or ‘the TUPE Regulations’ as they are more widely known, are the UK’s implementation of the EU Directive on “the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses”.

When all or part of a business is sold or transferred or if a business changes how a service is supplied to it (such as staff catering) then, if the TUPE Regulations apply, the employees engaged in the business or service supply contract have the right to transfer to the new employer. These employees are commonly referred to as ‘TUPE transfers’ and they have all their terms and conditions preserved following the transfer.

Essentially this means that in virtually all cases, the new employer cannot come in and simply change or impose new terms and conditions unless there are significant business reasons, unconnected with the transfer itself.

This can produce the situation where employees are essentially doing the same jobs and tasks, but are working under very different terms and conditions of employment.

Ultimately, whether TUPE applies in any situation depends on all relevant circumstances, and in the event of a dispute this can only be settled at an employment tribunal or higher court. It is therefore vital that you have the correct management systems and legal support in place from the start.

We currently provide fixed cost compliance solutions for over 8,000 clients across the UK.

Operating throughout the UK, Citation is the UK’s leading provider of Employment Law and Health & Safety compliance solutions.

Citation is proud of its contribution towards the creation of a safe and fair business environment, whilst at the same time relieving the burden of regulatory compliance from its clients.

If you would like to arrange for one of our local Business Development Managers to explain how our services can safeguard your business, please click on the "Call Me Back" button to arrange an appointment.