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TUPE Advice for Employers

If all or some of your business is moving from one owner to another—you need to know about TUPE, Transfer of Undertakings (Protection of Employment). And, each year, hundreds of businesses struggle with it. Don’t be one of them.

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When the regulations apply

First, figure out if you need to worry. The regulations will apply if:

  1. A section, or the whole of your business is moving to a new owner. Or, you’re undergoing a merger.
  2. A service provision transfer occurs. In other words: you outsource an internal service, or an outsourced service becomes internal.

Perhaps you’ve just breathed a sigh of relief. If not, you need to start thinking about your transfer now.

The process is complex. Fortunately, Croner provides TUPE guidance for employers, helping you navigate the most common pitfalls employers fall into. Get legal advice on TUPE today by calling 01455 858 132.

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TUPE: what you can miss

On the surface, a transfer is simple. You take ownership of all incoming employees’ contracts, and with them, their terms and conditions. Easy, right?

Wrong.

Unless the contracts of your incoming and current employees match perfectly, you’re going to have to make changes. This can be as simple as a difference in annual leave entitlements.

Your current employees have 28 days paid leave a year plus bank holidays. Your incoming employees have 28 days paid leave including bank holidays. To solve this discrepancy you might want to give all incoming employees the same terms as your current ones. But that isn’t legal.

It’s not impossible to make a change to annual leave, but it’ll require negotiation, communication and safe checking.

Have you thought of everything?

There’s a lot to consider. You’d be forgiven for missing some of it. TUPE requires the employer to examine every aspect of employment, including:

  • Pay
  • Annual leave entitlement
  • Additional benefits
  • Company cars
  • Redundancies
  • Employees on leave
  • Remote workers

With this many issues, it’s easy for it all to pile up and overwhelm you. Don’t let it.

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How to handle TUPE

Like quicksand, the more you struggle with TUPE, the quicker you’ll sink. Battling through the process leaves you prone to mistakes. And one incorrect clause in a contract is often the difference between a successful transfer and a tribunal claim.

So, if you’re facing difficulties, don’t let yourself sink under the pressure. Call for help. Call Croner.

Our qualified TUPE Law Consultants, Solicitors and Advisers take care of your transfer so you don’t have to. They handle hundreds of cases each year, they know what to look out for, and how to solve common problems that occur.

Call Croner for Legal advice on TUPE today and leave the when, what, and how to us. Speak to an employment law expert on 01455 858 132.

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