TUPE is designed to protect you when the business in which you work for is sold or merged or your work is outsourced, passed from one contractor to another or taken back in-house. Key features for individuals are:
- Your employment will transfer automatically (unless you object to being transferred).
- The employer must give certain information to employee representatives which should be passed on to you (except in the case of micro employers).
- An employer’s breach of process can lead to a penalty award of up to 90 days pay for every employee affected by the breach.
- Transfer related dismissals are automatically unfair (subject to a statutory defence).
- Employers receiving transferred employees have limited scope to vary terms of employment.
Employers sometimes overlook their obligations to inform and consult or leave it too late. You have a powerful remedy.