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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It will not have to be exactly the same as the arrangement provided by the previous employer but will have to meet the minimum standard required by the legal provisions relating to pensions. The ETO reason The economic, technical or organisational ETO reason entailing a change in the workforce is one of the few legitimate factors for a refusal to take on the transferor’s workforce by the prospective transferee.

This can be determined by asking: If an employee is dismissed either before or after a transfer and the sole or hupe reason for the dismissal is the transfer, it will be automatically unfair. Changing the contracts of transferred employees can be very difficult and legal advice must be taken at the earliest opportunity. TUPE has impacts for the employer who is making the transfer also known as the outgoing employer or the transferor and the employer who is taking on the transfer also known tue the incoming employerthe ‘new employer’ or the transferee.

Have the customers been transferred? An important part of her role is to ensure that the views of the profession inform CIPD policy thinking on health and wellbeing and employment relations. Redundancy, notice, retirement and transfers. Redundancy, notice, retirement and transfers.

A part of a business might for example be a distribution function of a larger organisation. Disputes and problems at work. Rights and responsibilities at work.


Transfer of undertakings (TUPE) | Acas training and support | Acas

Lay-offs and short-time working. From 31 Julymicro businesses those 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. The transferor and transferee are both liable to pay this compensation. However, there will be occasions when they cannot be avoided.

Acas run practical Training Courses, Workshops and Projects to equip managers, acaw and HR professionals with tuppe necessary skills to deal with employment relations issues and to create more productive workplace environments.

Transfer of undertakings (TUPE)

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. 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. Transfer of undertakings TUPE. Our practical guidance for people managers on the requirements for transfers of staff provides a minimum set of standards for all parties and includes sections on commissioning and transferring services, steps to follow when transferring staff teams, pension issues when transferring staff, and the harmonisation of terms and conditions.

Terminal illness in the workplace. Acas uses cookies to ensure we give you the best experience and to make the site simpler. Paul Whitfield can be contacted on or paulw foxwhitfild.

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Handling TUPE transfers: the Acas guide

Try our free Acas e-learning which offers modules covering TUPE and other important employment relations topics. The outgoing employer must provide information about transferring employees to the incoming employer, and this is called Employee Liability Information. Do you have a question? Examples include the collective disputes procedure, time off facilities, training for union representatives, negotiated redundancy procedures or job security arrangements and flexible working arrangements.


Changes of contractors for labour intensive activities, such as security, catering, refuse collection and cleaning, have caused confusion in the past, but TUPE usually applies in these situations. Employers who failure to consult properly can be required to pay staff up to 13 weeks’ pay in compensation. Information to the new employer Transferors are obliged to give the transferee written information about the employees who are to transfer and all the associated rights and obligations towards them.

If the workforce was not taken on in order to avoid the application of TUPE, the transferee will be liable for potential tribunal claims. TUPE doesn’t apply to: However, other legislation means that some provisions equivalent to TUPE do apply to pension rights.

Has there been a transfer of tangible assets such as building and moveable property although this is not essential?

Good practice at work. Consultation and notification The transferor must conduct a full and afas consultation with employees at the earliest feasible time.

If an employee is dismissed because of the transfer, their dismissal is automatically unfair. In some circumstances acax changes arising from new collective agreements agreed by the outgoing employer are not required to be incorporated after a transfer.

It lists the types of circumstances in which TUPE has been found to apply such as mergers as well as those circumstances in which it does not apply such as transfers by share take-overand also provides a checklist to help determine whether or not it is applicable in a particular situation.