TUPE Regulations apply when all or part of a business is sold or transfers or if a business changes how a service is supplied.

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.

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.

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.

How can Citation help?

Citation has advised on a variety of stations where TUPE regulations have been applied. 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, so it is vital that you have the correct management systems and legal support in place from the start.

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