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TUPE

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations. The TUPE regulation protect Employment when there is a transfer of employer and ensure that the Employment continues without breaking contractual rights and liabilities. At OTS Solicitors our employment law specialists advise employers and employees to seek assistance with TUPE at the earliest, as this is a very complex area of employment law and getting the right advice early can save you time and money.

Our employment lawyers provide top legal advice and services to employees on TUPE and how it operates. In brief terms TUPE exists to protect the continuity of Employment of employees with unchanged conditions of Employment. We at OTS Solicitors regard this as a principle of great importance to employees, as the legal impact of the TUPE regulations means:

  • Employment is automatically transferred (unless the employee objects) with full continuity of service;
  • The transferred Employment is on the same conditions – including trade union recognition by excluding pensions;
  • Any dismissal because of the transfer is automatically unfair (unless in narrowly defined circumstances)
  • Employee representatives of both transferor and transferee must be consult

Our employment solicitors can provide the best advice on TUPE to employers to be equipped with precise and clear legal advice before, during, and after businesses change hands. As we have seen at OTS time and again that employers avoid costly legal or tribunal proceedings if they can seek the best legal advice early and avoid making costly mistakes with regard to TUPE arrangements.

In terms of costs, the Tribunal’s starting point is 13 weeks’ pay per employee, and that figure is without consideration of whether the employee has suffered any loss.

In terms of dismissing staff, the transferee [new employer] cannot dismiss employees solely on the basis of the transfer as this would be found to be automatic unfair dismissal. However our solicitors may advise employers that should there be economic, technical or organisational (ETO) reason requiring changes in the workforce they may be able to dismiss staff.

Our solicitors provide the best, clear and precise advice and legal representation to employers, employees, workers and staff at any stage in a case the transfer process.

Do not hesitate to get in touch with one of the best employment law solicitors in the UK, OTS Solicitors 0203 959 9123 or contact us online.

Your Questions and our answers about TUPE

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Dear Sir/Madam,

Thank you for your Employment enquiry.

Dismissal with immediate effect can be justified by employers only if an employee committed a gross misconduct. Gross misconduct can be for example theft. We do not know the reasons of your dismissal at present and we would recommend holding a consultation to advice on your case.

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