Information and consultation with employees who are affected by a TUPE transfer may need to include workers too. Failure to do so could lead to a claim for up to 13 weeks’ pay per person. The following information must be supplied at least 28 days before the date of the transfer, although it is helpful to provide it at an earlier stage: TUPE regulations can apply to both the public and private sectors. If someone works in the public sector and they are transferred to the private sector, they are covered by TUPE. Also, if someone works for a public sector organisation such as a government department and the service is transferred to another public sector organisation such as a local authority, TUPE regulations will apply as the employer is changing.

Submit a written notification to the affected employees , which triggers the formal communication process (although it is good practice to speak to them collectively first). A more detailed letter then needs to be sent to employee representatives.There is no TUPE consultation timeline in which an employer and incoming employer must inform and consult staff. A service provision change happens when an employer outsources (contracts out) a service. For example, a local education authority outsources school meals to a private company which it previously provided using its own employees. Employers must inform and consult employees on any decisions likely to lead to substantial changes to work organisation or contractual relations. Employers can improve employees’ terms and conditions if they agree. For example, they might want to increase the amount of holiday so that it’s the same for everyone.

it may be possible to transfer only part of an employee’s employment when their working time is split. If there is a business transfer (such as a merger or acquisition), whethe r TUPE applies is likely to be apparent at an early stage; input from HR can help to ensure the transaction proceeds with less legal and commercial risk. In a service provision change, HR will be able to help identify if TUPE applies at all and help manage any disputes regarding this. This service provision change is sometimes known as contracting out or outsourcing. It also covers situations where outsourcing has already occurred but there is a change in the contractor carrying out those services. An example of this would be where an organisation has contracted out its office cleaning on, for example, a two-year contract. NatWest, RBS and Ulster Bank to close at least 172 branches in 2023/24 – here's the full list, plus alternatives The new employer can start consulting about redundancies before the transfer with the old employer’s co-operation. This will be unfair unless there is a clear ETO reason because of changes in the new employer’s combined workforce.The new employer can change an employee’s terms and conditions if the reason is an ‘economic, technical or organisational reason’ (ETO) involving changes in the workforce or workplace, such as a result of redundancies or a move from a managerial to a non-managerial position. The employee needs to agree to this change. Your length of service ('period of continuous employment') with your old employer will also transfer to the new employer. This means your start date is the same as it was before the transfer. Your terms and conditions of employment 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 have not changed. a Public Private Partnership (PPP) – public sector organisations and private sector companies work together;

According to the Transfer of Undertakings (Protection of Employment) Regulations 2006 , TUPE applies to a business transfer if there is the transfer of ‘an economic entity which retains its identity’. An economic entity means an organised group that is pursuing an economic activity. Martin Lewis: What the Autumn Statement means for you – including wages, benefits, pensions, ISAs, housing, national insurance and more Your current employer must give this information to your new employer at least 28 days before you transfer.It also covers situations where outsourcing has already occurred but there is a change in the contractor carrying out those services or when a company decides to bring the service in house. Under the Code of Practice on Workforce Matters in Local Authority Service Contracts 2003, new recruits: