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TUPE Advice

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.



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