Category Archives: TUPE

THE TOP 7 TUPE RISK AREAS

Does TUPE apply? 

At the outset, the business should determine whether TUPE applies. Wherever possible this should be agreed with the other party before the business transfers or the contract moves to a different service provider. The risk arises when the parties cannot agree.

Failing to comply with consultation obligations

This is an issue where there are 10 or more employees in a non-unionised business/organisation, where there are no existing employee representatives who have been elected for the purpose of the transfer. In such instances the business/ organisation must arrange for the election of employee representatives – the regulations governing these elections, as well as the functions and responsibilities of those representatives are detailed, and financial penalties will be incurred if the regulations are breached. Both the transferor and the transferee may be liable for these penalties.

Identifying those who are to transfer and those who are to remain

This is an exercise that should be dealt with at an early stage of the planning process and should be able to withstand close scrutiny. Historically, this is an area that has given rise to a substantial raft of case law especially in specific problem areas, for example, where there are employees absent from the business due to long-term sick leave or furlough leave prior to the transfer taking place.

Dealing with the restructuring of the workforce post transfer

This is a risk area for both the transferor and the transferee. Restructuring which results in changes in headcount needs to be carefully handled in the light of the added protections offered by the TUPE regulations.

Ensuring pension rights are established

This is a particular issue for the transferee, especially when on-boarding staff who have previously enjoyed generous pension schemes with the transferor – a key example of this being on the award of a contract by a public sector organisation.

Changing terms and conditions post transfer

Identifying when change is permitted and the mechanism for change in terms and conditions of employment.

Relocating staff post transfer

This is now allowed but there are processes to be followed which can prove costly if breached.

FG Solicitors are experts in all areas of Employment Law and HR. Feel free to call us on 0808 1729 322 for a no obligation discussions.

This information is for general guidance only and does not constitute definite advice.

TUPE Seminar – Thank You!

thank-you-messageIt was great to meet everyone who attended our TUPE Seminar on Friday 23 September, held in association with Bedford CIPD.  Sorry we missed those of you who were unable to attend.

The event was a success as always and we will continue to host seminars in the months ahead!

With this in mind, we will be planning our next seminar and have so far received feedback which indicates the following three topics are of the highest interest:

  • Employment strategies in a changing climate.
  • Policies & procedures – are you up to date?
  • Staff motivation.

If any of these tick the box for you or if you have any others in mind, please click here to let us know what gets your vote!

Below are a couple of testimonials we received from the CIPD Seminar for which we are most grateful:

“Floyd was a great presenter, provided lots of useful information in a format that made it easy to understand. Thank you!” – Alison Moss – Ramsay Healthcare

“Fabulous session and pitched at the right level for us all to learn – thank you.” – Rachael King – Central Bedfordshire Council

“Presenter kept my interest going and made the session very interactive which I always welcome.”- Veronica Charles – Luton Council

We are always keen to obtain your input so we can tailor our events to your needs, therefore please feel free to let us know any suggestions or ideas that you may have – fgmedia@fgsolicitors.co.uk

Contact Details

If you would like more information on our upcoming events, or if you require any advice on an employment law issue, please contact:

info@fgsolicitors.co.uk

+44 (0) 808 172 93 22