TUPE solicitors for employees

When your job is transferred to another company through a business sale, merger, acquisition, or outsourcing arrangement, you face significant uncertainties. The Transfer of Undertakings (Protection of Employment) – commonly known as TUPE law – protects your employment rights during these transitions.

Understanding your protections under TUPE is essential to ensure your rights aren’t compromised and that you remain on equal footing throughout the process.

This page outlines when TUPE rules in the UK apply, your rights and obligations under these regulations, common problems employees face, and how specialist TUPE solicitors for employees can provide essential support to ensure you’re treated fairly.

See also our in-depth guides on TUPE and on Mergers and Acquisitions for further information.

Specialist TUPE solicitors for employees

When dealing with the complexities of TUPE for employees, expert legal advice is invaluable. At Monaco Solicitors, our dedicated team of TUPE solicitors for employees provides strategic and personalised legal support tailored to your unique employment circumstances.

Whether you are facing sudden changes to your employment contract or are unsure about your rights during a TUPE transfer, our TUPE law solicitors for employees are here to ensure your legal protections are fully enforced.

Our experienced team of TUPE advice professionals have successfully guided hundreds of employees through TUPE transfers, securing favourable outcomes, protecting against unfair treatment, and holding employers accountable when they breach employment law.

What is TUPE?

TUPE (Transfer of Undertakings (Protection of Employment)) regulations are a set of legal protections under UK employment law that safeguard employees when the business or service they work for changes hands. This change could occur through various means such as a business sale, merger, acquisition, or outsourcing arrangement.

In simple terms, TUPE ensures that your existing employment contract is preserved, and you are treated as though your employment continues uninterrupted with your new employer. This legal framework is critical in maintaining your employment rights, salary, and working conditions during periods of corporate restructuring or operational change.

When does TUPE apply to employees?

TUPE law applies in a variety of situations that involve a transfer of undertakings, including:

Business sales or transfers: If your employer sells the business or part of it, TUPE likely applies.
Service provision changes: If services are outsourced to a third-party provider, brought in-house, or switched between contractors, employees performing the service often transfer with it.
Maintained job roles: If your job duties remain essentially the same post-transfer, then TUPE is very likely to apply.
Public and private sector transitions: TUPE applies across both sectors, protecting employees equally.

Even if the application of TUPE rules in the UK appears ambiguous – especially in complex outsourcing arrangements – it’s important to get immediate TUPE advice for employees. A specialist employment law firm like Monaco Solicitors can ensure you receive the protection you’re entitled to.

Understanding your rights under TUPE regulations

The core principle of TUPE protection is that your job continues with minimal disruption. Under TUPE, your rights include:

Continuity of Employment: Your original employment start date is preserved.

Retention of terms and conditions: These include pay, holiday entitlement, pension contributions, and other contractual benefits.

Protection from unfair dismissal: You cannot be dismissed solely because of the transfer, unless there’s a valid economic, technical, or organisational (ETO) reason.

The right to be informed and consulted: Employers must communicate clearly and consult meaningfully about the impending transfer.

These rights ensure that TUPE for employees preserves both the structure and substance of your employment during transitions, giving you legal recourse if anything changes without proper justification.

Common issues employees face under TUPE

Contractual changes

Employers sometimes attempt to make post-transfer changes to contracts that negatively affect employees. These may include:

Changes in shifts or working hours: Employees may be asked to work unsociable hours, split shifts, or weekend rotas without proper consultation or consent.
Reduction of financial benefits: Employers may seek to reduce or eliminate your bonuses, commission schemes, healthcare packages, or travel allowances.
New restrictive terms: These may include broader non-compete clauses or geographic relocation requirements.

Most of these changes are unlawful under TUPE unless they are justified by genuine ‘ETO’ reasons and agreed upon with the employee. (ETO means an economic, technical, or organisational reason that justifies changes to an employee’s terms and conditions or dismissal after a business transfer.)

Redundancy risks

Although TUPE prohibits dismissals solely due to a transfer, legitimate redundancy can still occur if:
There’s a genuine need to restructure: For example, merging departments or consolidating functions to eliminate duplication.

Your role becomes surplus: Especially if the incoming company already employs workers in the same role.

Genuine business needs exist: That are unrelated to the transfer itself.

Redundancy must follow proper legal processes, including consultation, selection criteria, notice periods, and redundancy pay. See Monaco Solicitors’ Redundancy Guide for further detail.

Consultation failures

Failure to consult properly is a serious breach of TUPE regulations. Common issues include:

Lack of advance notification: Employees often find out about the transfer too late.
Failure to appoint representatives: When more than 10 employees are affected, employee representatives must be elected and involved.
No opportunity for employee input: Employees must be able to raise concerns and ask questions.

If your employer fails to consult, you may be entitled to compensation of up to 13 weeks’ pay for each affected employee.

The TUPE process: Step-by-step

The TUPE process typically follows a series of legal stages:

Notification: The existing employer must inform affected employees about the proposed transfer and any anticipated changes.
Consultation period: Employers must enter into consultations to hear concerns and discuss potential implications.
Due diligence: The incoming employer reviews contracts, pay structures, and employment liabilities.
Transfer day: Your employment is formally transferred. All previous terms and conditions remain in place.
Post-transfer period: The new employer can make operational changes (subject to TUPE limits) and must continue to respect existing rights.

TUPE advice for employees by experts – such as Monaco Solicitors’ TUPE specialists – ensures you’re well-informed and protected during each of these stages.

What to do if your TUPE rights are breached

If you believe your rights under TUPE law have been violated, act promptly:

Document everything: Retain copies of contracts, internal communications, and minutes from any meetings.
Submit a formal complaint: Raise your concerns with HR or your employer, outlining the alleged breach.
Get legal representation: Our TUPE solicitors for employees will assess your case, advise you on next steps, and help you to secure appropriate solutions.

Where necessary, you may wish to pursue claims in an employment tribunal, particularly for unlawful dismissals or redundancies where consultation has been non-existent or inadequate.

How Monaco Solicitors’ TUPE law experts can help you

Our expert TUPE law solicitors for employees offer:

Detailed contract reviews: We evaluate your employment contract to confirm how TUPE applies.
Negotiation with your employers: We can negotiate directly with your employers to preserve your rights.
Legal support during consultations: We ensure that your concerns are voiced and properly addressed.
Tribunal advice: If your employer has breached TUPE protection, we can advise you on what employment tribunal claims you may have against your employers.
Claim preparation: We can support you in gathering evidence, submitting your claim, and navigating complex legal proceedings.

With Monaco Solicitors, you get specialised TUPE solicitors who understand the nuances of this complex area of employment law.

FAQs about TUPE

Here are some frequently asked questions, with straightforward, non-legal answers, about various different aspects of TUPE. We have included them as we think you may find them helpful when trying to deal with this complex topic.

How long does TUPE take?

A TUPE transfer can take anywhere from a few weeks to several months, depending on the number of employees involved, the size of the business, and how organised the consultation process is. Employers are legally obliged to begin consultation “in good time,” which usually means at least 30 days prior to the transfer date.

Can I lose my job after TUPE?

You cannot be dismissed because of the transfer itself. However, you may face redundancy if there is a valid ETO reason. (ETO means economic, technical, or organizational reason that justifies changes to an employee’s terms and conditions or dismissal after a business transfer, such as workforce restructuring.)

If you believe your redundancy is related to the transfer and lacks justification, you may have grounds for an unfair dismissal claim.

How long after TUPE can my employment contract be changed?

Your contract cannot be changed at all due to the transfer, regardless of how much time has passed. Changes must be supported by a clear business reason unrelated to the TUPE transfer and agreed upon with you.

Can my salary be reduced under TUPE?

Employers cannot lawfully reduce your salary just because of a transfer. Any change must be voluntary or based on a legitimate ETO (economic, technical, or organizational) reason that is clearly explained and justified, with consultation.

What is the 50% rule for TUPE?

The “50% rule” is used to determine if an employee is assigned to the part of the business being transferred. If you spend at least 50% of your time on tasks related to the transferring function, you’re likely to transfer under TUPE.

How long are employees protected under TUPE?

There is no formal time limit on TUPE protections. However, over time, operational changes may be made by the new employer. As long as these are not related to the transfer itself, and are handled fairly and lawfully, they may be permitted.

Can I be demoted after TUPE?

A demotion related directly to the transfer is unlawful. A role change may be permitted if it stems from operational needs and is unconnected to the transfer, but it must still follow proper procedure and offer suitable alternative employment.

What happens to your pension when you TUPE?

Your occupational pension rights don’t automatically transfer under TUPE. However, the new employer is required to provide a comparable pension scheme. Personal pension plans usually remain unaffected.

Will my accrued holiday be transferred under TUPE?

Yes. Your full holiday entitlement and any accrued but unused leave must transfer with you. Employers cannot reset or reduce your holiday balance.

What happens if you refuse TUPE?

If you refuse to transfer, your employment usually ends on the transfer date. This is considered a resignation, not a redundancy, meaning you are unlikely to receive redundancy pay unless you can prove a constructive dismissal based on detrimental treatment.

What Next?

At Monaco Solicitors, we focus exclusively on employment law for employees, including those employees undergoing TUPE transfers. We do not act for employers – our priority is solely protecting your interests.

Whether you’re seeking clarity on your rights or need help navigating a complex situation, our expert team of TUPE solicitors is here for you. For a prompt response:

Call us now on 020 7717 5259
Email: communications@monacosolicitors.co.uk
Complete our online form.