The document is a guide to TUPE legislation, detailing the conditions under which it applies, including business transfers and service provision changes. It outlines employees' rights and liabilities, obligations for informing and consulting affected employees, and protections against dismissal. The guide emphasizes the importance of compliance for both outgoing and incoming employers to avoid potential liabilities.

1. Your Guide to TUPE Legislation
By: Caroline Acton
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5. TUPE overview
17th February 2016
Caroline Acton

6. Disclaimer
These materials and the information contained within them are
designed solely for the use of participants on our courses. These
materials shall not be copied or reproduced in any format
whatsoever without the prior consent of Consilia Legal LLP.
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7. TUPE Overview
• Legislation
• When does TUPE apply
• Automatic transfer principle
• Employment Rights & Liabilities
• Employee Liability Information
• Obligations to Inform and Consult
• Changes to terms and conditions
• Protection against dismissal

8. Legislation
• Transfer of Undertakings (Protection of
Employment) Regulations 2006
• Collective Redundancies and Transfer of
Undertakings (Protection of
Employment) (Amendment) Regulations
2014

9. When does TUPE apply?
Applies to a relevant transfer:
• Transfer of a business, undertaking or
part of a business undertaking:
- An economic entity
- Transfer of that economic entity
- The economic entity retaining its
identity following the transfer
NB does not apply to share sales

10. When does TUPE Apply?
2. Service Provision Change
- A contractor takes over activities from a
client (outsourcing)
- A new contractor takes over activities
from another contractor (re-tendering)
- A client takes over activities from a
contractor (in-sourcing)

11. Service Provision Change
• An organised grouping of employees
• Employees assigned to the group
• The client should remain the same
• The activities should not become overly
fragmented
• The activities should remain
fundamentally the same

12. Automatic Transfer Principle
• Business Transfer – all employees
engaged by the outgoing employer
automatically transfer
• Service Provision Change – employees
assigned to the organised grouping of
employees automatically transfer

13. Employment Rights & Liabilities
• Contracts of employment –all terms and
conditions
• Continuity of service
• Accrued entitlements - holiday
• Liability for the outgoing employers acts

14. Employee Liability Information
Outgoing employer to provide not less than
28 days before the transfer:
• Identities of the transferring employees
• Age of the transferring employees
• Employment particulars
• Active/live disciplinary/grievance
records
• Any collective agreements
• Any outstanding claims

15. Employee Liability Information
• Failure to provide information –
consequences?
• Due diligence?
• Indemnities and warranties

16. Obligations to inform
• Both the outgoing and incoming
employer must inform all employees
affected by the transfer.
• Recognised trade union or employee
representatives
• Micro-businesses
• In writing and include:
- information about the transfer
- any measures

17. Obligations to Consult
• Employers must consult with recognised
trade unions or elected representatives
about measures which they are
considering taking.
• Measures can include:
- redundancies
- workplace relocation
- changes to staff pay dates
- different working patterns

18. Failure to inform/consult
Either or both employers can be liable for
compensation of up to 13 weeks gross
uncapped pay for EACH employee
affected.
The award is 13 weeks in total, it is not 13
weeks per employer – so if both are found
liable they share the amount.

19. Changing terms of employment
• TUPE Protects against changes/
harmonisation
• Changes will be void unless:
- The terms of the contract permits the
change
- The reason for the variation is an ETO
reason, entailing changes in the workforce
• Change in the location of the work?

20. Protection against Dismissal
• Qualifying service
• Who is covered?
• Enhanced protection against dismissal
• If the sole or principal reason for the
dismissal is the transfer - automatically unfair
• Dismissals for ETO reasons may be fair
• NB Employees who object to the transfer

21. Questions

22. Telephone: 0113 3571317
Website: www.Consilialegal.co.uk
email: caroline@consilialegal.co.uk
Twitter: @consilialegal
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