Breach of TUPE Regulations Claims

How our breach of TUPE regulations specialists can help

Often when important changes happen within a business, whether it’s being entirely transferred over to another owner, or part of it is being bought out, the question many employees ask is “what does this mean for me?”

TUPE stands for Transfer of Undertakings (Protection of Employment), and is essentially a way for employees to be protected should the business they work for go through the changes mentioned above. TUPE law also enables any liabilities associated with employees to be moved over when the business changes hands.

TUPE is relevant to many different businesses, and many different transactions they may be making, no matter their size. TUPE regulations protect the following two types of transfers:

Standard transfer – where a business moves over to another owner, or merges with another business to create a new, single entity. This also relates to parts of businesses coming under new ownership.
Service provision transfer – SPCs, according to Regulation 3(1)(b)(i)-(iii) concern outsourcing, second generation outsourcing and/or re-tendering, and in-sourcing.

Some new business owners may decide to cut their workforce in half to save on costs, or even before a transfer happens there may be redundancies that appear seemingly out of nowhere. It can be a frustrating and stressful time for many employees.

Find out more in our helpful guide

We’ve put together a useful employee’s guide to TUPE, which goes into further details about how TUPE transfers work and what is expected of your current and new employer in the process.

Read our handy TUPE guide >>

Call us free today to see how we can help you understand your options on 0808 164 0808, or request a call back if you’d like one of our no-win, no-fee experts to call you.

breach of TUPE regulations frequently asked questions

What is protected with TUPE? toggle accordion

Below is a list of the common protections outlined for employees under TUPE regulations:

Holiday entitlements
The transfer of any open cases/claims against the company
Pensions, although the new owner would be under no obligation to continue using the same company
Retention of original contractual terms and conditions
Retention of current length of service
If a redundancy occurs solely due to the transfer, employees’ rights to claim unfair dismissal would be protected
The right for consultations with HR and other employment professionals before the transfer takes place.

How long is TUPE valid for? toggle accordion

The short answer is indefinitely. However, if the terms and conditions of an employee’s contract are changed due to the business transfer, even after several years, the validity of TUPE protection would be restricted. This would only be applicable if the contractual changes were permitted, which we explain a little more below. It’s important to seek legal advice in relation to this, to make sure you know the final details of your protection. Call us now on 0808 164 0808.

Can my new employer change my contract after TUPE? toggle accordion

Usually, if a new employer decides to make contractual changes, this would be classed as a breach of TUPE regulations. The employer would need to prove that the changes are not a direct result of the business transfer. But, there are scenarios in which contractual changes can be made. Such as, the changes being permitted as part of the contract itself, or due to external factors such as company structure issues, technological issues involving equipment and affecting day-to-day business, or economic influence on company performance. It’s important to seek legal advice in this instance.

When does TUPE not apply? toggle accordion

As we mentioned above, TUPE regulations would not apply if an external service provider’s contract was:

Re-tendered
Outsourced
Insourced
Transferred

For example, a caterer or cleaner who is employed by a business on a contractual basis wouldn’t be protected by TUPE if that business didn’t renew the contract and sought the service elsewhere. There are also scenarios with public sector organisations changing hands but remaining in the public sector, which wouldn’t be protected by TUPE law. The question of TUPE regulations not applying or applying can be confusing, and if you’re in a transactional situation where you’re unsure, it’s always best to seek the advice of legal experts.

Breach of TUPE Regulations Claims legal services

Our approach to Breach of TUPE regulations claims

Working with you to understand if there is a possible breach
Identifying the best plan of action regarding next steps with your employer
Doing everything we can do achieve the best outcome for you

Funding your employment claim

A dispute with your employer can be stressful, and the last thing you want to be worried about is how to pay for the legal help and advice you need. We will help you get the best possible outcome in the most cost-effective way. Click below to find out more about the funding options available to you.

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Our no win, no fee arrangement

We have a no win, no fee arrangement available, which is known as a Damage Based Agreement (DBA). A DBA is where the payment of our fees depends upon the success of the claim. This means that if the case is won or settlement terms are agreed, we would be paid by taking a percentage of the compensation that you are awarded. We are one of the only employment law firms in the UK to offer Damaged Based Agreements (DBAs) for all types of claimant employment cases.

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Kind words from our clients

Neha Thethi

Head of Employment

Employment

Lucy Needham

Litigation Legal Assistant

Employment

Get in touch with our no win, no fee breach of TUPE regulations solicitors today

If you need to talk to someone straight away you can call us for free on 0808 164 0808

Complete our form for a callback as soon as possible

Other employment claims we can help with

Settlement agreements → Discrimination at work → Redundancy claims → Menopause in the workplace → Equal pay disputes →

Disclaimer

In general you have three months less one day from the most recent act of discrimination or breach to take action, meaning you should act fast.

We recommend you speak to one of our lawyers in the first instance. As part of the process, you’ll need to get in touch with the Advisory, Conciliation and Arbitration Service (ACAS), who will aim to achieve early conciliation with your employer. However, our lawyers can assist in this process where appropriate and we have formally been instructed.

Please be aware that the ACAS process can take up to around a month to complete, which will be taken from the three months you have to begin with. It’s important to act quickly in order to bring a tribunal claim. If the conciliation procedure is unsuccessful, we may be able to support you with the tribunal. If you feel you have a potential employment claim please act quickly and contact us today.