Under the TUPE regulations, employees should not suffer detriment in respect of their existing employment rights. Instead, the new employer will take over their employment contracts, based on their existing terms and conditions, including the terms of any collective agreement incorporated into that contract. The decision will depend on their roles before the transfer. They should consider staff on short-term absences as well as those on fixed contracts; any agency workers are not transferable in this process. DavidsonMorris’ employment lawyers can help with all aspects of TUPE, reorganisation and changes to employment contractual terms and conditions. Working closely with our specialists in HR, we provide comprehensive guidance on how to approach and implement organisational change projects to minimise legal risk while ensuring commercial goals are achieved and employee engagement is optimised. For help and advice, speak to our experts. discuss with transferring workers whether splitting their employment contract is practicable and whether they are happy for their employment to be split across multiple employers I was a civil servant for 11 yrs before going on mat leave - at the end of my mat leave I stupidly resigned (long story but to work for a friends new business which failed) - so after 9 months or so I approached my department about returning ? They said there were no jobs but they had a few projects they could do with some help on. Well - for the last 4 yrs I have been working at home on what they call a "short notice appointment" basis - basically I fill in timesheets to claim my pay and there is only a weeks commitment required from either party. I have been quite busy - but the projects are the dull ones that no one else wants to do and of course I am totally out of the loop !

This merely provides that “Where a supplier employs new entrants that sit alongside former public sectors workers, new entrants should have fair and reasonable pay, terms and conditions. Suppliers should consult with their recognised trade unions on the terms and conditions to be offered to new entrants.” Pensions are not specifically mentioned. Note that even if the change is due to an ETO reason, any affected employee’s Changes to the transferring employees’ contracts of employment can be made if (a) If you have an existing occupational pension, it may not continue in the same way. This means the new employer is not obligated to make the same pension contributions on your behalf. However, any entitlements you have built up before the transfer must be protected by the new employer. There is no TUPE consultation timeline in which an employer and incoming employer must inform and consult staff.

If you decide you do not want to transfer, you’ll need to tell your current employer in writing. They will treat this as if you’re resigning and they’ll need to inform the new employer that you will not transfer. The next stage is for the outgoing employer to inform affected employees via their representative to give them the required information about the transfer and any information about proposed measures received from the incoming employer. Liabilities that transfer from the outgoing employer to the new one include all statutory and contractual rights, including: Information and consultation with employees who are affected by a TUPE transfer may need to include workers too. Failure to do so could lead to a claim for up to 13 weeks’ pay per person.

The total number of temps and agency workers working temporarily for the employer must always be expressly mentioned, including where they work and the type of work they do. However, your employer can end your employment if they have justifiable economic, technical, or organisational reasons.

Who TUPE regulations apply to

In transfers involving multiple transferees, the contract will be split in proportion to the tasks performed by the worker, unless a proportionate division of work is impossible. Splitting employees’ contracts between transferees applies in the UK to service provision changes as well as to business transfers. Each new employer inherits responsibilities for the employees proportionate to the amount of work that is transferred. Examples of business transfers include mergers, sales of a business by sale of assets, a change of a franchisee, and a sole trader’s business or partnership being sold or transferred. Other examples include the transfer of a lease (such as a hotel), a management buyout or an intra-group transfer. Service provision changes If you are employed by a large company which decides to use an outside company to organise the work, your job and employment terms and conditions could be protected under TUPE except when the contract is: An outgoing employer will need to identify which employees will transfer to the incoming employer as soon as possible. All employees will transfer if the employer is selling the whole business. If they are only selling part of the business, however, they need to carefully consider which employees are employed and allocated to the division of the business that is being transferred.