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Cover Employment Law

23. TUPE  

The Transfer of Undertakings Protection of Employment (TUPE) Regulations aim to protect the interests of employees when the business they work for changes hands, or when their part of an operation is acquired or transferred to another business. They also apply in merger situations, when in-house processes are outsourced, when a contract to provide a service transfers from one provider to another, and when a public sector body such as a local authority ‘contracts out’ services, or indeed, brings formerly contracted out services back in house. They form a specialised corner of employment law, but one which can be very important for large numbers of people. This chapter discusses core TUPE rights, when TUPE applies, consultation requirements, contractual rights, unfair dismissal rights, sharing of information between transferors and transferees, and TUPE Regulations in respect of the takeover of insolvent businesses.