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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Acas also offers TUPE e-learning.
There are two situations when the TUPE regulations may apply; business transfers and service provision transfers. The 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. A part of a business might for example be a distribution function of a larger organisation.
In this video, one of our trainers provides an overview of the TUPE regulations and explains how Acas’ services can help employers and employees. When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer.
They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer. Any such changes will be void. If an employee leaves and claims constructive dismissal due to changes in their contract which are significant and fundamental they will need to have the qualifying length of service to do this.
The outgoing employer must provide information about transferring employees to the incoming employer, and this is called Employee Liability Information.
The information must be accurate, up to date and secure, and for transfers which took effect from 1 May the information must be provided not less than 28 days before the transfer.
For transfers which took effect before 1 May the information should have been provided not less than 14 days before the transfer. Where there are no recognised trade unions or employee representatives in place, employers must arrange elections amongst the affected employees to elect representatives to consult about the transfer.
Transfer of undertakings (TUPE)
From 31 Julymicro businesses acxs with fewer than 10 employees overall are not required to elect representatives to inform and consult where there are no existing recognised trade unions or elected employee representatives. However, they must still inform and consult directly with each individual employee regarding the transfer. Employers are often able to minimise or prevent redundancies and other dismissals when transfers take place.
However, there will be occasions when they cannot be avoided. If an employee is dismissed either before or after a transfer and the sole or principal reason for the dismissal type the transfer, it will be acaw unfair. Employees who believe that their acs and conditions have been substantially changed to their detriment before or after a transfer have the right to terminate their employment and claim constructive unfair dismissal at a tribunal.
TUPE classifies these types of resignations as dismissals. 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.
Where there are fewer than 20 employees being made redundant within a day period, there is still a legal requirement to consult with employees zcas but there are no prescribed time limits in which to do so. Employers must first consult with a recognised trade union where they exist, and if there is no recognised union then with elected employee representatives.
See more information on redundancy. Collective agreements in place at the time of the transfer also transfer to the incoming employer. These include terms and conditions of employment negotiated through collective bargaining as well as the wider employment relations arrangements.
Handling TUPE transfers: the Acas guide | Acas
Examples include the collective disputes procedure, time off facilities, training for union representatives, negotiated redundancy procedures or job security arrangements and flexible working arrangements. Terms and conditions from collective agreements may be renegotiated acqs one year provided that overall the contract is no less favourable to the employee.
In tuoe circumstances contractual changes arising from new collective agreements agreed by the outgoing employer are not required to be incorporated after a tupw. 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.
See the BIS guidance: It also explains employee rights when the work they do or business they work for transfers to a new employer. Try our free Acas e-learning which offers modules covering TUPE and other important employment relations topics. Acaas can share our e-learning with others in your organisation. Register for Acas e-learning here. Ask a question Popular questions Do you have a question? This new automated system learns from your questions and, as more people use it, will get better at providing the most relevant answer to your query.
We will be tracking any un-answered questions and, in each case, considering whether to add them to the system to help it fit your needs as closely as possible. If you think you have we’ve provided aacas advice and guidance on what to do and what to look out for to avoid Acas imitators.
Acas conference 5th Dec: Terminal illness in the workplace. Rights and responsibilities at work. Employees rights during IVF treatment. Being monitored at work. Redundancy, notice, retirement and transfers. Lay-offs and short-time working.
Terminating employment – notice periods and pay. Transfer of undertakings TUPE.
New TUPE Guidance from ACAS
The right to request flexible working. Good practice at work. Disputes and problems at work. Tools, Templates and Resources. Training Courses, Workshops and Projects. Do you have a question? The Acas guide pdf [kb] This aacs provides a step-by-step 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.
General guidance about the main legal considerations which may arise when employers or employees wish to change or amend the terms of a contract of employment between them. This booklet is intended to assist anyone involved in or affected by the processes of Employee Communications and Consultation.