For example, if a company is using a digital marketing agency, and then after the transfer decides to bring all the digital marketing work in-house. A contract ends and is given to a new contractor after the employer transfer. When does TUPE not apply? The business has gone or is going bankrupt. For example, a restaurant deciding to change food suppliers after the transfer. Single events or short-term work.
For example, a single corporate event using a catering company. How long does TUPE last after transfer? Can my new employer change my terms and conditions after a TUPE transfer legally? Employers involved in a business transfer must do the following: Inform representatives of employees who are to be affected by the transfer of any proposed measures.
Consult with the representatives on any proposed measures. Inform the representatives of any changes or proposed changes following the transfer.
The new employer must inform the current employer of any proposed measures to comply with their duty to inform and consult. Why contact Britton and Time Solicitors? This consultation will guarantee you the following: Unlimited time to discuss your employment matter and ask our solicitor any questions you may have.
An overview of your legal standpoint and available options. An upfront time and fee estimate for your employment case. Search for:. Subscribe to our blog. What Is Child Abuse? Everything You Need To Know. Close dialogue. Session expired Please log in again. Cookies make subsequent visits to our site faster and tailored to your needs. Manage consent.
Close Privacy Overview This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website.
We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience. Your terms and conditions cannot be changed to something worse than before, unless your new employer has a valid ETO reason.
Your new employer should make sure any differences in terms do not treat particular groups of employees unfairly. Find out more about discrimination and the law.
If a contract change is unrelated to the transfer, TUPE regulations do not prevent you and your employer from making changes to your terms and conditions. Your new employer may have valid reasons for agreeing contract changes with you. For example, if business needs have changed for reasons that do not relate to the transfer. You and your employer must agree to any changes and follow the usual process for changing an employment contract. If you like, you can tell us more about what was useful on this page.
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Changing your employment contract after a TUPE transfer After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process. If the main reason for a contract change is the transfer Your new employer can only make changes because of the transfer if either: they improve your terms and conditions, for example your employer increases your holiday entitlement annual leave there is an 'economic, technical or organisational' ETO reason involving a change in the workforce, for example your organisation needs restructuring TUPE regulations give some protection to your terms and conditions for an indefinite period.
ETO reasons for contract changes Your employer might want to change your employment contract because of an 'economic, technical or organisational' ETO reason. ETO reasons include: essential cost-saving requirements economic reasons using new processes or equipment technical reasons making changes to the structure of an organisation organisational reasons Example — a valid ETO reason for a contract change. PrintsCo is a large printing organisation in Luton. It recently bought a smaller organisation called Medias Creative in Dunstable.
If you currently pay your subscriptions through your payroll then the trade union will negotiate with the new organisation for this to continue during the consultation process. This folder will be transferred across with you to your new employer. It is advisable therefore, to ask to see your personal file to ensure that there is no information retained that is spent. This information has to be provided to the new employer 28 days before the transfer.
Your payroll details will be transferred to the new employer and you will be advised of the pay date, if this is different to your current pay date then you should not suffer any detriment. Example: If you are currently paid on the 28 of the month and your new pay date will be the 15 of the month, you will not suffer any detriment, however if you are currently paid on the 15 of the month and your pay date is changed to the 28 of the month you will suffer detriment and part of the consultation period will ensure that a payment is made to cover this period initially.
You will be entitled to be trained to carry out your job within the new organisation, this will be covered by your trade union at the consultation stage.
Unless previously agreed, you would normally then revert to the organisations terms and conditions as you are only protected on your current terms and conditions under TUPE Regulations. No, currently your terms and conditions are protected. They can be renegotiated after one year provided that overall the contract is no less favourable to the employee, your trade union will be consulted during any changes to terms and conditions.
If the distance you have to travel is excessive and you have to resign then a tribunal would find that you had been automatically unfairly dismissed unless the organisation had, during consultation put in a range of support proposals to reduce the effects of the location change, which may include a severance package.
Pay increases. Collective Agreements of employees transferred before this date are protected. All rights reserved. Skip to main content. Call Us: Email the Branch Secretary:. Follow us.
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