What is covered by TUPE?
TUPE protects:
- the employment contract
- any rights, responsibilities and liabilities associated with the contract and the employment of individuals
These can include:
- terms and conditions of employment
- continuity of service
- employment law claims made by transferring employees as a result of acts or omissions by the transferor
- collective agreements
- trade union recognition
Once it is established that TUPE applies, we will determine which employees are affected. We will provide employees, their representatives and the new employer with information.
The existing employer must provide information to the recipient about the employees affected. This is via a process known as the provision of Employee Liability Information (ELI). It is provided as part of the due diligence process.
The provision of information about employees is carried out within the requirements of the Data Protection Act 2018. All parties will protect the integrity and confidentiality of the data provided.
The recipient employer may propose to make changes that affect incoming employees, where there is an economic, technical or organisational (ETO) reason.
Any such proposals are subject to consultation through the TUPE process, being notified as measures with the affected employees and their representatives.
Pension schemes are generally excluded from TUPE protection. They are governed by separate legislation which may require us to provide a broadly comparably scheme including:
- the Transfer of Employment (Pension Protection) Regulations 2005
- the Pension Act 2004
They are not required to mirror the previous pension provisions. Some benefits under occupational pension schemes are specifically not covered and will therefore not transfer.
Each case concerning pension provision is different. We commit to reviewing all entitlements and legislation to ensure the minimum requirements are met in a transfer situation. We will also ensure compliance with any requirements under the auto-enrolment regime.
Employees have a right to:
- object to a transfer
- refuse to transfer
Where this is exercised, the employee's contract generally comes to an end at the point of transfer. They are deemed to have resigned.