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TUPE - Your problems solved...
definition: Transfer of Undertakings Protection of Employment (TUPE)
What is T.U.P.E.?
The TUPE regulations come into effect when a business or undertaking ("business"), or part of one changes hands, merges with another business or service provider; or acquires a contract from another provider, these events constitute a ‘relevant transfer'.
Affected employees of the transferor, become the employees of the transferee as if their original contract was with the new employee.
Representatives of the employees of both the transferor and transferee businesses have the right to be consulted on the prospective transfer and the transferring employer must provide information to the new (transferor) employer before the transfer takes place.
Get a free TUPE transfer Consultation (click contact us)
Or, add our TUPE Training Course to your interest list,
Or, discuss your TUPE requirement on 0845 073 1050
THE BENEFITS...
The benefits of engaging Jennifer Lewis HR's TUPE consultation...
ONE: Rapid Fix.
Problem Identification
Solution Implementation
TWO: On-site TUPE Support.
TUPE Guidance / Hand Holding / Training Service
Certification / Accreditation
THREE: Resolve Workforce Confrontation.
With Staff / Employee Representatives.
Did you know that TUPE redundancy rights do not necessarily go hand in hand?Guiding & Leading the Workforce Consultation
Staff negotiation consultation!
About our TUPE transfer consultation...
Did you know you can't change contract of Employment to suit TUPE, you must have a good business case for doing so.
Get a free TUPE transfer Consultation (click contact us)
Or, add our TUPE Training Course to your interest list,
Or, discuss your TUPE requirement on 0845 073 1050
TUPE AREAS COVERED...
When management changes hands, it’s vital to protect the interests of staff. Even if there are no proposed job losses, there are strict protocols to follow, and our TUPE Training Courses cover all areas including:
- Workforce consultation: dealing with the transferring/existing workforce
- Working with the BERR (Department for Business, Enterprise and Regulatory Reform)
- Equal opportunities on transfer
- Terms and conditions of employment
- Business case for contract adjustments
- Fairness in redundancy selection - and the dangers of a last in first out policy
Add our TUPE Training Course to your interest list or call us on 0845 073 1050
TUPE and Redundancy rights
...TUPE is not necessarily linked to redundancy rights etc.
...get TUPE Guidance via our free TUPE transfer consultation
Our Consultation Process...
Our TUPE consultation will be more meaningful to you (and your firm) as it will (and must) take place with representatives of employees of both the transferor and transferee companies.
Contact us for guidance on selecting representatives and on the consultation process.
Relevant Entity is the business; part of a business or two businesses that have ceased to exist and become a new business entity.
Get a free TUPE transfer Consultation (click contact us)
Or, add our TUPE Training Course to your interest list,
Or, discuss your TUPE requirement on 0845 073 1050
FREE TIP: TUPE Contracts of Employment...
All rights, with the exception of some pension rights, are taken on by the new employer. Employees from the transferring company, automatically become employees of the transferee company.
BE AWARE:
An employee can object to the automatic transfer of their employment and these employees will be deemed to have resigned and are not entitled to a redundancy payment.
FREE TIP: TUPE Employment Terms and Conditions...
Employment terms and conditions, continue and cannot be changed for a reason related to the transfer itself only if justified for an economic, technical or organisational reasons (ETO). Contact us for further advice.
BE WARNED:
The TUPE Regulations provide protection for employees who cannot be fairly dismissed:
- because of the transfer itself;
or, - for a reason connected with the transfer, unless it is for an economic, technical or organisation reason entailing changes in the workforce.
If the change cannot be objectively justified, it will be deemed to be unfair. An appropriate, fair reason could be the need for employees to be trained, upskilled and/or re-qualified to use different machinery.
Get a free TUPE transfer Consultation (click contact us)
Or, add our TUPE Training Course to your interest list,
Or, discuss your TUPE requirement on 0845 073 1050
Discipline and Grievance/Dismissal...
The ACAS code on discipline and grievance must be followed and in the case of redundancy, all dismissals need to be objectively justified. Both transferee and transferor employees should be treated equally and the selection process used should be fair and objective and the reasons for the action are reasonable to arrive at a legitimate aim.
Contact us for further advice on employee consultation; with affected employees on redundancy selection.
Where the transferor employer recognises a Trades Union, in respect of some or all of the transferring employees, the new employer is required to recognise that Trades Union.
Get a free TUPE transfer Consultation (click contact us)
Or, add our TUPE Training Course to your interest list,
Or, discuss your TUPE requirement on 0845 073 1050