TUPE Law

TUPE law (Transfer of Undertakings (Protection of Employment) law) is an important area of employment law that relates to how employees should be treated when an undertaking or business goes through a change of ownership. TUPE law seeks to protect the rights of the existing employees and prevent them from being treated unfairly when a business moves from one owner to another.

The TUPE law regulations stipulate that all contracts between the old employer and the employees are transferred as is to the new employer. This is the opposite of the common law position, in which if either signatory to the contract changes the contract itself is terminated automatically. TUPE law protects the rights of employees and is intended to give employees a greater degree of job security when their employer changes due to circumstances beyond their control.

TUPE Law Regulations

The TUPE Law regulations are intended to provide a safeguard for employees, as any subsequent dismissal that comes about as a result of the transfer of ownership can immediately be classed as unfair dismissal and the employee will have a good case against their new employer.

If you find yourself in a situation where your employment has been terminated by a new employer after the business or undertaking that employed you changed hands, you may well be able to charge your new employer with unfair dismissal under the TUPE law regulations. If you think you may have a case or if you need further information and advice on the subject of TUPE law, use our contact page or phone us on 020 7408 1338 for a free initial consultation.

Other employment law issues connected with TUPE law that we may be able to help you with include unfair dismissal law and redundancy laws.