Advice for nasuwt local secretaries and workplace representatives. Tupe and nonemployees the transfer of undertakings protection of employment regulations 2006 tupe covers those who are employed immediately prior to a transfer i. Use this tupe checklist to help make the transfer as efficient and liability free as possible. Consultation under tupe thompsons trade union solicitors. It provides a stepbystep process of how to conduct a tupe transfer. As early as possible, in any event before the transfer is made public and executed. Tupe the transfer of undertakings directive and irish employers. Sample employee liability information and due diligence document. Transfers within the public sector arent usually covered by tupe but some transfers from the public sector into the private sector. Since 23 march 2008 it applies to employers with at least 50 employees. However, changes imposed simply to harmonise terms and conditions between two groups of employees will not be valid.
Tupe process guidance for schools 2 a copy of this letter should also be sent to the hr team at hlt. The former employer should delete or destroy securely any information they do not need to keep. See the acas guide to handling largescale redundancies pdf,530kb. Agree what information you should transfer, and how. Tupe regulaions the tupe regulations bring into uk law the terms of the european acquired rights directive. Transferring to another employer tupe advice guides.
Presuming all goes according to plan when do you expect the transfer to take effect. Further acas support on transfer of undertakings tupe acas offers tupe training to help organisations understand the regulations, employee and employer rights and responsibilities and the process for business transfers. Remember that disgruntled staff in a tupe process often sue both their old and new employer. Must informconsult about the transfer with remaining staff. It is an important part of uk labour law, protecting employees whose business is being transferred to another business. Following a tupe transfer, a new employer will be able to make contractual changes if it has an eto reason for doing so. The consultation has clearly established where the current tupe regulations work well and provide a framework. When a business moves to a new owner in one of these relevant transfers, the transfer of undertakings protection of employment regulations 2006 tupe currently protect the entitlement of uk employees to the same terms and conditions, with continuity of employment, as they.
Uk update consequences of failing to inform and consult. This information and consultation process should commence at least 30 days before the employees transfer to the new employer. The acas guide pdf 710kb this guide provides a stepbystep process of how to conduct a tupe transfer primarily from an employment relations perspective, but also covers legal and good practice guidance to provide a more rounded view of the topic. It was not until 2005 that the matter progressed further with the publication of another dti consultation document and, then, the enactment of the tupe regulations 2006.
These regulations may be cited as the european communities protection of. In every case of transfer of a business or part of. We explain the two main situations where tupe applies business transfers and service provision changes and the protection that tupe gives to employees in these situations. Tupe is one of the most complex areas of employment law youll come across. Good practice tips think about data protection early in the tupe process. The employees provision of information and consultation act 2006 provides a general right to information and consultation for employees from their employer on matters which directly affect them. In a tupe transfer, both transferor and transferee must inform and consult with recognised trade unions or elected employee representatives in relation to any affected employees. Employee liability information 30 due diligence 31 tupe measures 33. Disclosure of employee information under tupe 20140602 version. Key definitions tupe is an acronym which stands for the transfer of. The tupe regulations provide employment rights to employees when their employer changes as a result of a transfer of an undertaking. We can also tailor training to meet your organisations needs and deliver it at. Tupe frequently asked questions faqs these faqs have been prepared to respond to general questions concerning tupe. Tupe consultation the employees provision of information and consultation act 2006 provides a general right to information and consultation for employees from their employer on matters which directly affect them.
Must inform consult about the transfer with remaining staff. The object of the transfer is the company or the business, not the shares or stocks definition. The object of the transfer is the company or the business, not the shares or stocks. Will i have to take any measures after the transfer and can i make those changes. In addition, under the tupe legislation, the transferor and transferee must engage in a process of consultation, at least 30 days pre the transfer, with affected staff. May 14, 2018 this consultation process is a genuine attempt to involve staff and trade unions. Mr zeb was employed in the business function that was being transferred overseas. Although experienced hr professionals handle many aspects of tupe themselves, the. Schools hr providers will advise on the schools responsibilities with regards to tupe and support the school with the provision of information, consultation. The key criterion in deciding whether there is a transfer within the meaning of the regulations is whether the activity is seen to be continuing, even with some differences or even where all of the economic activity has not transferred. This is carried out immediately upon transfer and regardless of whether details of a previous check have been provided as part of the employee liability information. The buyer can draft appropriate letters and manage the process.
Transfer of undertakings tupe acas advice and guidance acas. Transfer of undertakings tupe acas advice and guidance. Tupe consultation paper adopt south west regional adoption. It gives general guidance only and should not be regarded as a complete or authoritative statement of the law. Process consultation pc is one of the od techniques, enlisted with sensitivity training self. Incumbent tells successful pitching agency if it intends to. In addition to this, under the protection of employees on transfer of.
If your employer is changing from one service provider to another, your existing employment contract could be protected under the transfer of undertakings protection of employment regulations 2006, as amended by the collective redundancies and transfer of undertaking protection of employment amendment regulations 2014, known as tupe. This section examines what should be included in hr due diligence, and provides and overview of a typical 30day tupe consultation process. Consequences of failing to inform and consult employers who fail to inform and consult employees in connection with a tupe transfer may have to pay a penalty of weeks gross pay to all affected employees. At this stage the outgoing employer loses the transferring staff and. The tupe transfer of undertakings protection of employment regulations make changes to the strict common law position. Informconsult about the transfer and any measures identify who will transfer request eli from the outgoing employer.
Tupe across europe the information you need for each country. The legislation requires employers to inform and consult employees on any decisions likely to lead to substantial changes in work. The process through which an organisation passes to secure the. Tupe can also apply even where there is no contractual nexus between transferor and transferee. The duty to consult in a tupe situation arises where an. Sep 11, 2019 use this tupe checklist to help make the transfer as efficient and liability free as possible. Tupe will be a consideration in virtually all service provision changes such as outsourcing and insourcing. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. No specific timeframe but must take place long enough before the transfer to enable consultation on proposed measures to take place.
Unison tupe branch guidance 24 april 2014 branch guidance. If you think a transaction you are involved in might be covered by tupe you should always take specialist legal advice. If there is no trade union, these representatives will either be existing employee representatives or newly elected representatives for the purposes of the transfer. Transfer of undertakings protection of employment regulations. Action date committee a pproval to proceed with transfer 29115 issue tupe envisaged measures letter to sport aberdeen wc 2215 issue information and consultation letter to trade union representatives wc 9215. Although the detail of the regulations can seem rather complex and technical, the underlying purpose is very straightforward. Tupe the transfer of undertakings directive and irish. Tupe legislation in northern ireland on 6 april 2006, the revised transfer of undertakings protection of employment regulations 2006 the 2006 regulations s.
The business could have its head office in another country, but the part of the business thats transferring ownership must be in the uk. The transfer of undertakings protection of employment regulations tupe protects employees terms and conditions of employment when a. Steps in tupe transfer process obviously, the precise steps involved in. Tupe frequently asked questions staff the following questions and answers have been compiled by greenwich hr and the compass partnership as part of the staff tupe consultation process.
This brief on the tupe regulations deals with information and consultation rights and the rights of representatives. This means that employers are required to consult with employees before major decisions are made, including transfer of business. Tupe transfer consultation requirements if you are in negotiations to buy or sell the whole or part of a business, the transfer of undertakings protection of employment regulations 2006 tupe will impose duties upon you to inform and consult with employees if there is a relevant transfer. Employee liability information and due diligence 30. The question of exactly when tupe does and does not apply can be very complex.
A transfer of undertakings occurs in one of two situations either a business transfer or a service provision change. The tupe regulations are incredibly onerous in general. Introduction to transfer of undertakings tupe legislation background to tupe. Employees must be given written notices setting out the particulars of the transfer. Who will be responsible for managing the tupe transfer process. Can my new employer change my terms and conditions after a. Employee communications and consultation pdf 394kb. Is there already an appropriate channel for employee information and consultation or does one need to be created. The table below sets out indicative timescales for completing the consultation and transfer process.
As tupe is a very complex process, advice should be sought from an hr business partner, where managers have little or no experience in this area. The employees provision of information and consultation. Consultation if applicable in good time and with a view to reaching agreement if unrepresented employees fail to elect representatives in a reasonable time prescribed information to be provided direct to affected employees no consultation required. Employees andor their representatives should put forward questions in relation to this process at any time during the tupe consultation process. Appeal to employment appeals tribunal from decision of rights commissioner 8. This consultation and information process must be done with a view to seeking agreement. As part of the tupe consultation, employees were given the choice of. This amplifies and clarifies tupe, for the purposes of employers in the uk. Consider giving a presentation to explain what this means and what employees can expect regarding tupe. The purpose of tupe is to protect employees if the business in which they are employed changes hands. Information and consultation who must be consulted. Tupe or the transfer of undertakings directive of 1977, which became part of irish law by the european communities safeguarding of employees rights on transfer of undertakings regulations, 1980, protects the rights of employees where the business in which they are employed is transferred to a.
Tupe transfer consultation requirements if you are in negotiations to buy or sell the whole or part of a business, the transfer of undertakings protection of employment regulations 2006 tupe will impose duties upon you to inform and consult with employees if there is. Bpn 1 information and consultation model letter 1 trade union consultation lead manager notify affected employees of the possibility of tupe applying if a new service provider is appointed. Overall, after this fouryear process, tupe 2006 was considered to be a reflective and modern facing set of regulations. Important changes to making employment tribunal claims. A transfer of undertakings occurs when a business, or part of a business, is taken over by another employer as a result of a merger, acquisition or transfer of a part or all of the business. Tupe is an acronym for the transfer of undertakings protection of employment regulations 2006. Tupe regulations apply if a business or part of a business moves to a new owner or merges with another business to make a brand new employer. If the employer does not comply with its information and consultation obligations, the employees representative can apply on their behalf to an employment tribunal for a. Tupe or the transfer of undertakings directive of 1977, which became part of irish law by the european. The school has entered into the formal consultation process with the staff affected, which will conclude after 30 working days. Regulation 6 of the tupe regulations 2006 provides that an employer must consult with the appropriate employee representatives if it envisages taking measures in. In addition to this, under the protection of employees on transfer of undertaking regulations, the. Will support and guide the school through the tupe process, providing template documents and staffing information where this is held. I, mary harney, minister for enterprise, trade and employment, in exercise of the powers conferred on me by section 3 of the european communities act 1972 no.
The process for changing terms of employment for a transferring workforce. Do you agree that tupe should be amended so that regulations 49 and 10 are. Tupe frequently asked questions staff the following questions and answers have been compiled by the royal borough of greenwich rbg hr team and the compass partnership, as part of the staff tupe consultation process. Please outline what the tupe transfer of undertakings protection of employment process and timescales will be if my school becomes an academy. Tobaccouse prevention education program overview provides funding through an application process for tobaccospecific student instruction, reinforcement activities, special events, intervention, and cessation programs for students. Introduction to transfer of undertakings tupe legislation. A guide to the 2006 tupe regulations as amended by the. Employees have the right to be represented in the information and consultation process by trade union representatives or employee representatives elected for this purpose. The duty to consult in a tupe situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover. This guide provides a stepbystep process of how to conduct a tupe transfer primarily from an employment relations perspective, but also covers legal and good practice guidance to provide a more rounded view of the topic. A transfer of an organized economic concern employees, business, etc from a company to another. Transfer of undertakings protection of employment regulations 2006.
Free practical law trialto access this resource, sign up for a free trial of practical law. Responsible for the tupe consultation process with the recognised trade unions and school employees normally at least 30 days responsible for issuing letter to all staff to confirm the governing body. Where a business is potentially going to take on the employees of an incumbent business, it is a good idea to carry out a detailed examination of the incumbent business before embarking on the tupe process. It is important to do as much as possible in the circumstances, even if that is limited to providing the information required under tupe. Tupe policy page 8 of 9 transferring into the council, where relevant for their role. Transfer occurs at this stage the incoming employer gains the transferring staff and. During the process the employees and their trade unions have the right to be. If staff will transfer, incumbent agency complies with tupe information and consultation requirements. Consultation process to facilitate consultation on the practical aspects and proposed arrangements associated with the tupe transfer, staff briefing sessions with management, hr representatives and trade union representatives have been arranged.
We have long advised that because there is a risk self. Collective redundancy rules and interaction with tupe information and consultation. A guide to tupe transfers guide a guide to tupe transfers contents introduction2 identifying the employees who transfer 6 information and consultation 8 employee liability information and due diligence 10 terms and conditions. It is intended to involve all those identified in this document in the development and implementation of these proposals, which will include presentation of information.
The guide provides explanations about information, consultation, dismissals and pensions. Unison tupe branch guidance 4 a critical organising challenge unison remains vigorously opposed to privatisation of public services and powerful campaigns are conducted at national, regional and branch level to keep services inhouse. Page 1 of 12 managing change tupe march 20 start information and consultation process outsourcing invitation to tender insourcing place bid to provide service inform and consult trade unions and affected employees throughout process provide employee information to new employer. Failure to provide the above information, could result in the trade unions bringing a legal claim against the school andor the incoming employer. Glossary of terms used list of best practice note tupe transfer of undertakings protection of employment regulations 2006 ogc office of government and commerce. Under regulation 6 of tupe, the union or employee representative has a right to be consulted if either the old or new employer envisages taking measures in relation to any of the employees affected by the tupe transfer. The object of the transfer is the company or the business or a number of organized assets, not the shares or stocks. The right to be consulted is separate from the right to be informed about a tupe transfer. When a business changes owner, employees could be protected under the transfer of undertakings protection of employment regulations tupe types of transfers, your rights, contracts.