What is the process for TUPE?

TUPE transfer checklist for the incoming employer

Obtain essential information from the outgoing employer.
Obtain ’employee liability information’
Provide any ‘measures’ information to the outgoing employer.
Meet with transferring employees.
Identify any contractual benefits.
Write to transferring employees.

How long does TUPE last for employee?

What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

Can you change working hours under TUPE?

Share: It really does depend. Your new employer cannot change your terms and conditions to harmonise them with their existing staff. But, if your employer can show that there is an Economic, Technical or Organisational reason to change your Terms and conditions, these changes may be allowed under TUPE.

What do you need to know about the TUPE process?

If you’re involved in a TUPE (Transfer of Undertakings Protection of Employment) transfer process, either as the outgoing employer (the “transferor”) or incoming employer (the “transferee”), there are several crucial steps you need to follow to make sure you get through the process compliantly and avoid any employment tribunal claims.

What’s the best way to transfer employees on TUPE?

TUPE transfer checklist for the outgoing employer. If you’re selling the transferring business or service, you’ll need to follow these steps. 1. Identify which employees will transfer. As early as possible identify which employees will transfer to the incoming employer. If you’re selling the whole of the business, then all employees will transfer.

When does the transfer of undertakings ( TUPE ) process apply?

TUPE is the Transfer of Undertakings (Protection of Employment) Regulations which came into force in 2006. It is mainly aimed at protecting employees who are transferring over to a different company when all or part of the business is sold and when activities are “outsourced” or when service providers change. When does the TUPE process apply?

Can a charitable organisation opt out of Tupe?

TUPE is not an optional piece of legislation. No organisation is able to decide to opt out of it. Charitable organisations are covered by the TUPE regulations in precisely the same way as companies. The simplest way to avoid TUPE is to transfer a business by the sale of a company’s shares, a ‘share sale’.