How does tupe protect me

If your previous employer recognised your union, then the new employer has to recognise them too. If your old or new employer tries to change your terms and conditions or dismiss you, and you think it is because of the transfer, you should seek legal advice.

Although there will be a duty to inform employees that their employment is transferring, the duty to consult with affected employees only arises of an employer envisages making changes to working practices.

The requirement to consult does not just involve those who are transferring but also those who may be affected by the TUPE transfer. There is specific information that you should also be given including:.

Consultation means more than simply giving an opportunity to air views, it must be with a view to seeking agreement to the changes envisaged. In practice, this means that the employer must negotiate in good faith over all areas of the proposed redundancies or the changes it intends to take over the TUPE transfer.

Failure to adequately consult with you i. Depending on the number of employees transferring, this might involve your trade union, or by you electing colleagues to represent you in discussions with both your current and future employer.

TUPE does not apply in certain situations, such as when your entire company is sold rather than a part of it , as your employer remains the same. You should get legal advice as this is a developing area. The size of the organisation you work for does not matter. For example, your rights are still protected if you work for a large organisation with many employees, or a small one like a shop or a pub.

If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number. If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form. What happens during a TUPE transfer Every TUPE transfer may be different, but the usual process involves the following: the old and new employers identify who is affected by the transfer the old and new employers inform, and in some cases consult, employees who are affected by the transfer the old employer provides the new employer with information about the employees who are transferring, for example their age and identity the employees who are transferring transfer to the new employer along with their employment contracts and length of service.

Employees who object to being transferred should write an objection letter as early as possible. If the employee objects they will not transfer but their contract of employment with their existing employer may, subject to certain conditions, be treated as terminated without the employee being regarded as having been dismissed. This would leave the employee without a job but unable to claim unfair dismissal.

If you think there are differences in pay and conditions among workers doing similar or identical jobs in your workplace, you could use UNISON bargaining support tools, which are available online.

The majority of staff working for private contractors, who are not protected by TUPE, have minimal overtime pay and lack the benefits other TUPE-protected employees enjoy, such as sick pay in addition to statutory sick pay. You can help these staff by submitting claims to highlight the difference. Use the claim to organise and recruit contracted employees and raise awareness of the problem. You should be aware that strict time limits apply for bringing a claim 3 months less one day from the date of dismissal or 3 months exactly in Northern Ireland.

Engaging in an internal procedure does not extend time for bringing a claim. Yes, unless you are told otherwise. Your employment contract should automatically transfer to the new contractor. But if there is no job for you, you could make a claim for unfair dismissal in an employment tribunal. The claim will normally be against the new company but it is safest to bring the claim against both the old and new companies initially.

Your employee representatives may also be able to bring claim for failure to inform and possibly also to consult about the TUPE transfer. The information contained within this article is not a complete or final statement of the law and is based on the laws of England, Wales, Scotland and Northern Ireland.

While UNISON has sought to ensure that the information is accurate and up to date, it is not responsible and will not be held liable for any inaccuracies and their consequences, including any loss arising from relying on this information. Not a member?

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