Employment Law

Transfer of Undertakings

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Transfer of Undertakings

The concept underlying these regulations (known as TUPE) is to safeguard the rights of employees where their employer changes identity. The effect of the regulations in short is to ensure that the employee remains employed on the same terms and conditions and subject to the same rights as before. A common scenario occurs where the employees of Company A become employed by Company B – following a takeover by Company B of Company A.

The regulations cover all “economic entities” – so that the regulations cover private businesses, Government departments, Charities and so on. They also cover part transfers, for example one shop of a chain of shops.

In order for the regulations to apply the “economic entity” must have retained its identity following a transfer of undertakings. A tribunal will look at the circumstances and consider, for example:-

  1. Have the majority of the staff transferred?
  2. Have assets transferred – for example leases, equipment etc?
  3. Is there a similarity between the activity of the old organisation and the new one, for example is an employer “contracting out” perhaps canteen services – which it previously undertook in house.

The Rules

The regulations place duties on the selling Company to provide information to all employees and consult with them. There are also rules as to how much information should be provided in relation to the employees to be transferred.

Effect of transfer

Where TUPE applies all old terms and conditions of employment pass from the first employer to the second including:-

  1. Terms of the employment contract.
  2. Statutory protection e.g. redundancy, unfair dismissal etc.
  3. Liabilities for breach of duty – for example personal injury claims against the old employer.

But excluding certain entitlements in respect of occupational pensions.

Transfers and unfair dismissal

Any dismissal occurring (before or after) the transfer of undertaking which arises in consequence of the transfer is automatically unfair (giving rise to a claim in an employment tribunal for unfair dismissal) unless the reason is based on “economic, technical or organisational” groundings.

Transfers of undertaking raise particularly complex questions requiring specialist advice.

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

Chris Kingham

Solicitor
CONTACT

Quintin Barry

Consultant Solicitor & Notary Public
CONTACT
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