In addition, under the tupe legislation, the transferor and transferee must engage in a process of consultation, at least 30 days pre the transfer, with affected staff. Consequences of failing to inform and consult employers who fail to inform and consult employees in connection with a tupe transfer may have to pay a penalty of weeks gross pay to all affected employees. Mr zeb was employed in the business function that was being transferred overseas. See the acas guide to handling largescale redundancies pdf,530kb. The transfer of undertakings protection of employment regulations tupe protects employees terms and conditions of employment when a.
Informconsult about the transfer and any measures identify who will transfer request eli from the outgoing employer. The process through which an organisation passes to secure the. The consultation has clearly established where the current tupe regulations work well and provide a framework. Remember that disgruntled staff in a tupe process often sue both their old and new employer. Tupe regulaions the tupe regulations bring into uk law the terms of the european acquired rights directive. The legislation requires employers to inform and consult employees on any decisions likely to lead to substantial changes in work.
Tupe frequently asked questions faqs these faqs have been prepared to respond to general questions concerning tupe. Will i have to take any measures after the transfer and can i make those changes. Tupe the transfer of undertakings directive and irish employers. Sample employee liability information and due diligence document.
Sep 11, 2019 use this tupe checklist to help make the transfer as efficient and liability free as possible. If there is no trade union, these representatives will either be existing employee representatives or newly elected representatives for the purposes of the transfer. In a tupe transfer, both transferor and transferee must inform and consult with recognised trade unions or elected employee representatives in relation to any affected employees. We explain the two main situations where tupe applies business transfers and service provision changes and the protection that tupe gives to employees in these situations. It is an important part of uk labour law, protecting employees whose business is being transferred to another business. Presuming all goes according to plan when do you expect the transfer to take effect. We have long advised that because there is a risk self. Must inform consult about the transfer with remaining staff. As early as possible, in any event before the transfer is made public and executed. Consultation under tupe thompsons trade union solicitors. Incumbent tells successful pitching agency if it intends to. Do you agree that tupe should be amended so that regulations 49 and 10 are. During the process the employees and their trade unions have the right to be. This amplifies and clarifies tupe, for the purposes of employers in the uk.
The business could have its head office in another country, but the part of the business thats transferring ownership must be in the uk. It gives general guidance only and should not be regarded as a complete or authoritative statement of the law. Tupe the transfer of undertakings directive and irish. The acas guide pdf 710kb this guide provides a stepbystep process of how to conduct a tupe transfer primarily from an employment relations perspective, but also covers legal and good practice guidance to provide a more rounded view of the topic.
The employees provision of information and consultation. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. In addition to this, under the protection of employees on transfer of. Tupe policy page 8 of 9 transferring into the council, where relevant for their role.
Although the detail of the regulations can seem rather complex and technical, the underlying purpose is very straightforward. Steps in tupe transfer process obviously, the precise steps involved in. Tupe will be a consideration in virtually all service provision changes such as outsourcing and insourcing. We can also tailor training to meet your organisations needs and deliver it at. May 14, 2018 this consultation process is a genuine attempt to involve staff and trade unions. Tupe process guidance for schools 2 a copy of this letter should also be sent to the hr team at hlt. Employees have the right to be represented in the information and consultation process by trade union representatives or employee representatives elected for this purpose. The tupe regulations are incredibly onerous in general. Uk update consequences of failing to inform and consult. Agree what information you should transfer, and how. Consider giving a presentation to explain what this means and what employees can expect regarding tupe.
The duty to consult in a tupe situation arises where an. Tupe can also apply even where there is no contractual nexus between transferor and transferee. Employee communications and consultation pdf 394kb. When a business moves to a new owner in one of these relevant transfers, the transfer of undertakings protection of employment regulations 2006 tupe currently protect the entitlement of uk employees to the same terms and conditions, with continuity of employment, as they. Tupe across europe the information you need for each country. No specific timeframe but must take place long enough before the transfer to enable consultation on proposed measures to take place. If staff will transfer, incumbent agency complies with tupe information and consultation requirements. It provides a stepbystep process of how to conduct a tupe transfer.
Tupe or the transfer of undertakings directive of 1977, which became part of irish law by the european. Tupe legislation in northern ireland on 6 april 2006, the revised transfer of undertakings protection of employment regulations 2006 the 2006 regulations s. Tupe regulations apply if a business or part of a business moves to a new owner or merges with another business to make a brand new employer. The object of the transfer is the company or the business, not the shares or stocks. Good practice tips think about data protection early in the tupe process. The object of the transfer is the company or the business, not the shares or stocks definition. Page 1 of 12 managing change tupe march 20 start information and consultation process outsourcing invitation to tender insourcing place bid to provide service inform and consult trade unions and affected employees throughout process provide employee information to new employer. If you think a transaction you are involved in might be covered by tupe you should always take specialist legal advice. These regulations may be cited as the european communities protection of. Tupe consultation paper adopt south west regional adoption.
Can my new employer change my terms and conditions after a. Transfer of undertakings protection of employment regulations. However, changes imposed simply to harmonise terms and conditions between two groups of employees will not be valid. Employee liability information 30 due diligence 31 tupe measures 33.
Action date committee a pproval to proceed with transfer 29115 issue tupe envisaged measures letter to sport aberdeen wc 2215 issue information and consultation letter to trade union representatives wc 9215. The process for changing terms of employment for a transferring workforce. The tupe regulations provide employment rights to employees when their employer changes as a result of a transfer of an undertaking. The buyer can draft appropriate letters and manage the process. Process consultation pc is one of the od techniques, enlisted with sensitivity training self.
The duty to consult in a tupe situation arises where an employer envisages taking measures in relation to affected employees, but what sort of measures would this cover. Tupe frequently asked questions staff the following questions and answers have been compiled by greenwich hr and the compass partnership as part of the staff tupe consultation process. As part of the tupe consultation, employees were given the choice of. Must informconsult about the transfer with remaining staff. The tupe transfer of undertakings protection of employment regulations make changes to the strict common law position. Transfer of undertakings tupe acas advice and guidance.
Is there already an appropriate channel for employee information and consultation or does one need to be created. Consultation process to facilitate consultation on the practical aspects and proposed arrangements associated with the tupe transfer, staff briefing sessions with management, hr representatives and trade union representatives have been arranged. This section examines what should be included in hr due diligence, and provides and overview of a typical 30day tupe consultation process. The consultation of the works council is compulsory for. When a business changes owner, employees could be protected under the transfer of undertakings protection of employment regulations tupe types of transfers, your rights, contracts. This information and consultation process should commence at least 30 days before the employees transfer to the new employer. This is carried out immediately upon transfer and regardless of whether details of a previous check have been provided as part of the employee liability information. Unison tupe branch guidance 24 april 2014 branch guidance. Advice for nasuwt local secretaries and workplace representatives. These will provide staff and their representatives. Schools hr providers will advise on the schools responsibilities with regards to tupe and support the school with the provision of information, consultation.
Tupe or the transfer of undertakings directive of 1977, which became part of irish law by the european communities safeguarding of employees rights on transfer of undertakings regulations, 1980, protects the rights of employees where the business in which they are employed is transferred to a. Failure to provide the above information, could result in the trade unions bringing a legal claim against the school andor the incoming employer. Transfer of undertakings tupe acas advice and guidance acas. They implement the european union acquired rights directive originally directive 77187eec, amended by directive 9850 ec and consolidated in directive 200123ec. Use this tupe checklist to help make the transfer as efficient and liability free as possible. The table below sets out indicative timescales for completing the consultation and transfer process. Please outline what the tupe transfer of undertakings protection of employment process and timescales will be if my school becomes an academy. Bpn 1 information and consultation model letter 1 trade union consultation lead manager notify affected employees of the possibility of tupe applying if a new service provider is appointed.
Overall, after this fouryear process, tupe 2006 was considered to be a reflective and modern facing set of regulations. A transfer of undertakings occurs when a business, or part of a business, is taken over by another employer as a result of a merger, acquisition or transfer of a part or all of the business. If your employer is changing from one service provider to another, your existing employment contract could be protected under the transfer of undertakings protection of employment regulations 2006, as amended by the collective redundancies and transfer of undertaking protection of employment amendment regulations 2014, known as tupe. Collective redundancy rules and interaction with tupe information and consultation. Tobaccouse prevention education program overview provides funding through an application process for tobaccospecific student instruction, reinforcement activities, special events, intervention, and cessation programs for students. Transferring to another employer tupe advice guides. Information and consultation who must be consulted. The question of exactly when tupe does and does not apply can be very complex. The employees provision of information and consultation act 2006 provides a general right to information and consultation for employees from their employer on matters which directly affect them. Tupe is one of the most complex areas of employment law youll come across. Tupe and nonemployees the transfer of undertakings protection of employment regulations 2006 tupe covers those who are employed immediately prior to a transfer i. Under regulation 6 of tupe, the union or employee representative has a right to be consulted if either the old or new employer envisages taking measures in relation to any of the employees affected by the tupe transfer. I, mary harney, minister for enterprise, trade and employment, in exercise of the powers conferred on me by section 3 of the european communities act 1972 no.
Free practical law trialto access this resource, sign up for a free trial of practical law. Transfer occurs at this stage the incoming employer gains the transferring staff and. This brief on the tupe regulations deals with information and consultation rights and the rights of representatives. Unison tupe branch guidance 4 a critical organising challenge unison remains vigorously opposed to privatisation of public services and powerful campaigns are conducted at national, regional and branch level to keep services inhouse. It was not until 2005 that the matter progressed further with the publication of another dti consultation document and, then, the enactment of the tupe regulations 2006. Following a tupe transfer, a new employer will be able to make contractual changes if it has an eto reason for doing so. Regulation 6 of the tupe regulations 2006 provides that an employer must consult with the appropriate employee representatives if it envisages taking measures in. Tupe transfer consultation requirements if you are in negotiations to buy or sell the whole or part of a business, the transfer of undertakings protection of employment regulations 2006 tupe will impose duties upon you to inform and consult with employees if there is. A transfer of undertakings occurs in one of two situations either a business transfer or a service provision change.
If the employer does not comply with its information and consultation obligations, the employees representative can apply on their behalf to an employment tribunal for a. Tupe consultation the employees provision of information and consultation act 2006 provides a general right to information and consultation for employees from their employer on matters which directly affect them. This consultation and information process must be done with a view to seeking agreement. A transfer of an organized economic concern employees, business, etc from a company to another. At this stage the outgoing employer loses the transferring staff and. The former employer should delete or destroy securely any information they do not need to keep.
Important changes to making employment tribunal claims. The object of the transfer is the company or the business or a number of organized assets, not the shares or stocks. As tupe is a very complex process, advice should be sought from an hr business partner, where managers have little or no experience in this area. The school has entered into the formal consultation process with the staff affected, which will conclude after 30 working days. Tupe transfer consultation requirements if you are in negotiations to buy or sell the whole or part of a business, the transfer of undertakings protection of employment regulations 2006 tupe will impose duties upon you to inform and consult with employees if there is a relevant transfer.
These requirements apply in respect of any employees who may be affected by the transfer, whether employed by the new or previous. Will support and guide the school through the tupe process, providing template documents and staffing information where this is held. This means that employers are required to consult with employees before major decisions are made, including transfer of business. The purpose of tupe is to protect employees if the business in which they are employed changes hands. The guide provides explanations about information, consultation, dismissals and pensions. In every case of transfer of a business or part of. It is important to do as much as possible in the circumstances, even if that is limited to providing the information required under tupe. Tupe is an acronym for the transfer of undertakings protection of employment regulations 2006. Who will be responsible for managing the tupe transfer process. Employee liability information and due diligence 30. Disclosure of employee information under tupe 20140602 version.
Where a business is potentially going to take on the employees of an incumbent business, it is a good idea to carry out a detailed examination of the incumbent business before embarking on the tupe process. Although experienced hr professionals handle many aspects of tupe themselves, the. Appeal to employment appeals tribunal from decision of rights commissioner 8. Responsible for the tupe consultation process with the recognised trade unions and school employees normally at least 30 days responsible for issuing letter to all staff to confirm the governing body. Employees must be given written notices setting out the particulars of the transfer. It is intended to involve all those identified in this document in the development and implementation of these proposals, which will include presentation of information. Transfer of undertakings protection of employment regulations 2006.
Key definitions tupe is an acronym which stands for the transfer of. Introduction to transfer of undertakings tupe legislation background to tupe. A guide to the 2006 tupe regulations as amended by the. This guide provides a stepbystep process of how to conduct a tupe transfer primarily from an employment relations perspective, but also covers legal and good practice guidance to provide a more rounded view of the topic. Employees andor their representatives should put forward questions in relation to this process at any time during the tupe consultation process. Further acas support on transfer of undertakings tupe acas offers tupe training to help organisations understand the regulations, employee and employer rights and responsibilities and the process for business transfers. Transfers within the public sector arent usually covered by tupe but some transfers from the public sector into the private sector. The buyer can also reduce the burden of consultation by not envisaging taking any measures after the transfer. Glossary of terms used list of best practice note tupe transfer of undertakings protection of employment regulations 2006 ogc office of government and commerce. The key criterion in deciding whether there is a transfer within the meaning of the regulations is whether the activity is seen to be continuing, even with some differences or even where all of the economic activity has not transferred. Introduction to transfer of undertakings tupe legislation. Since 23 march 2008 it applies to employers with at least 50 employees. Tupe frequently asked questions staff the following questions and answers have been compiled by the royal borough of greenwich rbg hr team and the compass partnership, as part of the staff tupe consultation process. Consultation if applicable in good time and with a view to reaching agreement if unrepresented employees fail to elect representatives in a reasonable time prescribed information to be provided direct to affected employees no consultation required.
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