The Transfer of Undertakings (Protection of Employees) Regulations (TUPE), are designed to protect your job when possible if your employer sells their business. It is designed to ensure that your employment rights are transferred to your new employer.
When Does TUPE Apply?
TUPE is a complex area of law, but it may apply to you if the business in which you work:
- is sold as a going concern (all or part of the business)
- the section in which you work is outsourced
- the premises are licensed to another person who carries out the same business from those premises
Effects of TUPE
If TUPE does apply to you, you will have the same legal rights of employment with your new employer that you had with your old one. It is as if you were always employed by the new employer.
Breach of TUPE
If your new employer dismisses you, your dismissal will automatically be unfair and you will be entitled to compensation unless the dismissal is for an economical, technical or organisational reason.
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