If your employer is taken over by another company, your terms and conditions will automatically transfer to the new employer on the same terms and conditions of employment. This is guaranteed by a piece of law known as TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006)
The employer cannot avoid their responsibilities under TUPE by dismissing you before the transfer as the Tribunal would deem such action as automatically unfair.
Information and Consultation
Your employer is required under TUPE to provide information to and, consult your employee ‘representative’, who might be either a trade union representatives or otherwise someone who is selected as an elected representative.
If you have not been properly informed or consulted about a transfer of an ‘undertaking’ under TUPE you can make a claim within three months of the transfer. If the failure is upheld you might be entitled to an automatic award of up to 13 weeks’ pay.
You will need expert advice about TUPE if you consider that your employment is likely to be effected under TUPE.
All initial enquiries are completely free of charge. Please either call us on 0121 746 3002 or complete a Free Online Enquiry to see how we can help you.
Ellis Hass & Co Solicitors
435 Stratford Road
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“Ellis Hass and Co provide a comprehensive service at times when you most need professional advice and expertise. When I was leaving my then company, and making an international return, I wanted to leave on good terms to cement the great experience I had and friendships I had built. I found them to be highly commercial, discrete and thorough, easy to contact and highly practical I have no hesitation in recommending them.”