If the main reason for a contract change is not the transfer 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.
Can you change terms and conditions after TUPE?
If a contract change is unrelated to the transfer, you can agree changes to employees’ terms and conditions. TUPE regulations do not prevent this. There may be valid reasons for agreeing contract changes with employees. For example, if business needs have changed for reasons that do not relate to the transfer.
What happens when you are Tuped over?
TUPE stands for Transfer of Undertakings (Protection of Employment). A ‘TUPE transfer’ happens when: an organisation, or part of it, is transferred from one employer to another. a service is transferred to a new provider, for example when another company takes over the contract for office cleaning.
Can my job description be changed under TUPE?
Is it legal to change an employee’s job title after TUPE if the job description remains the same? The general rule under TUPE is that contracts cannot be varied if the sole or principal reason for the change is the transfer. Any such changes will be void.
When can a company change your contract after TUPE?
Under TUPE, any attempt to change your contract terms will be void if the only reason or main reason for the change in contract terms is the TUPE transfer. This means it would be unlawful for your new employer to reduce your pay, or make any of your existing contract terms less favourable.
How long are you protected after TUPE?
What is the period of protection and how long is TUPE valid for? The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.
Can I be made redundant after TUPE?
After a TUPE transfer
After you have transferred, your new employer can only make redundancies related to the transfer if there is both: a genuine redundancy situation. a need to make changes to the workforce for economic, technical or organisational (ETO) reasons.
Should I get a new contract after TUPE?
If the main reason for a contract change is not the transfer
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.
Can I refuse to change my contract?
It’s good practice to offer to discuss any concerns, which again might help encourage them to agree to the changes. However, in short, an employee can refuse to accept a change or variation in their contract’s terms and conditions.
Do you get a P45 if you are TUPE?
When the transfer is complete, employees should make sure they get an up-to-date written statement of employment, giving the name of the new employer and saying that their terms and conditions haven’t changed. Employees might get a P45 if their tax records are being updated.
What is the notice period for TUPE?
You’ll be informed in advance about a TUPE transfer but there is no set length of time for this notice. Your employer is not ending your contract so they do not need to give you the same notice period as they would in other circumstances, for example if they were dismissing you.
Can my holiday entitlement be reduced because of TUPE?
TUPE law and holidays
Annual leave can be a real sticking point for some employees during a transfer. As transferee, you must honour the terms and conditions the transferor’s employees have. And so, you cannot change their holiday entitlement.