Tupe Agreement Rights

TUPE Agreement Rights: A Comprehensive Guide

When it comes to mergers, acquisitions, and other business transfers, the Transfer of Undertakings (Protection of Employment) Regulations, often referred to as TUPE, come into play. These regulations are designed to protect the rights of employees who are affected by these transfers.

Under TUPE regulations, employees have a range of rights and protections, including the right to be informed about the transfer, the right to be consulted, and the right to transfer to the new employer on their existing terms and conditions of employment. In this article, we will discuss these rights in more detail.

The Right to be Informed

Under TUPE regulations, employees must be informed of the transfer in writing and within a reasonable time before the transfer takes place. The information provided must include the date of the transfer, the reason for the transfer, and any implications the transfer will have for employees.

This information should also be provided to employee representatives, such as trade union representatives or elected employee representatives. If there are no employee representatives, the information must be provided directly to the employees.

The Right to be Consulted

Employees have the right to be consulted on the transfer, either through their employee representatives or directly if there are no representatives. This consultation should happen early enough to allow for meaningful input from employees.

Читайте також:

The consultation should cover the reasons for the transfer, any measures that may be taken as a result, and any potential impact on employees. Employees should also be given the opportunity to raise any concerns they may have.

The Right to Transfer

The most significant right that employees have under TUPE regulations is the right to transfer to the new employer on their existing terms and conditions of employment. This means that the new employer must honour the employee`s existing contract of employment, including their salary, hours of work, and other benefits.

If the transfer results in a change to the employee`s terms and conditions of employment, the new employer must consult with the employee and their representatives to agree on these changes. If an agreement cannot be reached, the employee may be able to claim constructive dismissal.

In addition to these rights, employees who are affected by a TUPE transfer may also have the right to redundancy pay if they are made redundant as a result of the transfer.


TUPE regulations provide employees with important rights and protections when their employment is affected by a transfer. Employers who fail to comply with these regulations can face legal action and financial penalties.

If you are an employee who has been affected by a TUPE transfer, it is important to understand your rights and seek legal advice if necessary. Employers should also ensure that they comply with TUPE regulations to avoid any potential legal issues.

Нові коментарі


    • Рубрик нет

    Транспортний портал

    Нові категорії

    • Рубрик нет


    Ми в соцмережах