TUPE

Transfer of Undertakings - Protection of Employment (TUPE) 

If you work for a business that has been acquired or are part of a team that carries out contract services that have transferred to another contract provider then you may be affected by and have rights under the Transfer of Undertakings - Protection of Employment (TUPE) Regulations 2006.

Employment Protection established by TUPE

If so, you may need some legal advice in various ways. For example, under TUPE:

• Your terms and conditions of employment are preserved and protected;
• You have special protection against unfair dismissal;
• Employers must inform and consult with affected employees’ representatives about a TUPE transfer.

You may have the right to bring claims before an Employment Tribunal if your terms and conditions are changed on a transfer, if you are dismissed because of a transfer or if there has been a failure to inform and consult regarding the transfer.

Potential claims under TUPE

TUPE is a complex area but we will clearly advise you on your rights and on any potential claims and remedies you may have with regard to a TUPE situation that affects you. If necessary, we can source excellent representation for you at an Employment Tribunal. Alternatively, if you are parting company with your employer following or because of a TUPE transfer then we can assist you in negotiating a settlement. These are normally implemented using a Settlement Agreement.

Whistle-blower Protection

Whistleblowing is where you  disclose information that you believe shows a failure by your employer, such as criminal offences, breaches of legal obligations, environmental damage and health and safety risks, that you feel needs to be disclosed in the public interest. There are protections afforded to whistleblowers by the law to protect from unfair treatment, such as dismissal or being subject to another detriment due to the raising of allegations of malpractice.  We can help by assessing whether