Transfer of undertakings (TUPE) – Acas training and support. Acas training – did you know? Acas run practical Training Courses, Workshops and Projects to. Acas Helpline – TUPE. Acas Helpline. If your organisation is being bought or sold and you would like information relating to the transfer of employees the Acas. Explaining TUPE, the rules describing how employees must be treated when a business transfers to new ownership. In this video.

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If the previous employer provided a pension scheme then the new employer has to provide some form of pension arrangement for employees who were eligible for, or members of the former employer’s scheme. See more information on redundancy. TUPE classifies these types of resignations as dismissals. Disputes and problems at work.

Transfer of undertakings (TUPE) | Acas training and support | Acas

Micro businesses under 10 employees can inform and consult with employees directly if there is no trade union. An example of a successful smooth transition under TUPE is how Capgemini UK engages with their staff and trade unions to make outsourcing or business transfers work for both their employers and their employees.

The outgoing employer must provide information about transferring employees to the incoming employer, and this is called Employee Liability Information.

If you think you have we’ve provided some advice and guidance on what to do and what to look out for to avoid Acas imitators. Even if there is an ETO reason, the normal law and practice on redundancies and unfair dismissals will still apply. Examples of ETO reasons may include a severe reduction in output acqs makes trading unsustainable without dismissing staff economic or new technology which means that far less staff are needed technical.

Where a potential redundancy situation arises as a result of a transfer, employers must consult directly with affected employees and indirectly through representatives when the incoming employer is making or intending to make 20 or more redundancies within a day period. TUPE Transfer of Undertakings Protection of Employment Regulations is a set of rules that work to protect employees when the business they work for is sold or transferred to a new employer.


Redundancy, notice, retirement and transfers. If the answer to several of the above questions is ‘yes’, then TUPE is likely to apply. Employees rights during IVF treatment. It will not have to be exactly the same as the arrangement provided by the previous employer but will have to meet the minimum standard required by the legal provisions relating to pensions.

Acas Helpline – TUPE | Acas

The Transfer of Undertakings Protection of Employment Regulationsas updated by various statutes and regulations, notably The Collective Redundancies and Transfer of Undertakings Protection of Employment Amendment Regulationscover the transfer of an undertaking, or part of one, from one business to another.

Acas — Transfer of undertakings. These include terms and conditions of employment negotiated through collective bargaining as well as the wider employment relations arrangements. New TUPE regulations came into force on 31 January and ACAS have now published some very helpful guidance to help employers and employees better understand what the changes mean and how they may affect their business.

Do you have a question? It lists the types of circumstances in which TUPE has been found to apply such as mergers as well as those circumstances in which it does not apply such as transfers by share take-overand also provides a checklist to help determine whether or not it is applicable in a particular situation.

xcas The transferor must conduct a full and meaningful consultation with employees at the earliest feasible time. Have the majority of employees been taken over?

From 31 Julymicro businesses those with fewer than 10 employees overall are not required to elect representatives to inform and tuupe where there are no existing recognised trade unions or elected employee representatives. The economic, technical or organisational ETO reason entailing a change in the workforce is one of the few legitimate factors for a refusal to take on the transferor’s workforce by the prospective transferee.

Employers are often able to minimise or prevent redundancies and other dismissals when transfers take place. TUPE applies if there is a transfer of an ‘economic entity that retains its identity’.

The outgoing employer must provide information about the transferring employees to the new employer not less than 28 days before the transfer.


It won’t be a service provision change if: Employees will transfer to their new employer on their existing contracts of employment and with all their years of continuous employment protected. This can be determined by asking: Training Courses, Workshops and Projects. Terminal illness in the workplace. Terms and conditions from collective agreements may be renegotiated after one year provided that overall the contract is no less favourable to the employee. Lay-offs and short-time working.

Is there a high degree of similarity between the activities carried on before and after the transfer? If there are no trade union or employee representatives, then the law stipulates that representatives must be elected by the affected employees for the purposes of consulting over the transfer. Try our free Acas e-learning which offers modules covering TUPE and other important employment relations topics. Rights and responsibilities at work.

This automated system learns from your questions and, as more people use it, will get better at providing the most relevant answer to your query.

This should include identifying key risks at an early stage and holding a genuine dialogue with employees throughout the process.

Handling TUPE transfers: the Acas guide

Being monitored at acqs. Employee Relations Adviser Rachel Suff joined the Tule as a senior policy adviser in to help shape the public policy debate to champion better work and working lives. This booklet is intended to assist anyone involved in or affected by the processes of Employee Communications and Consultation. However, other legislation means that some provisions equivalent to TUPE do apply to pension rights.

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