If you transferred your recruitment contract to another supplier would TUPE apply?
TUPE refers to the “Transfer of Undertakings (Protection of Employment) regulations 2006” as amended by the “Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) regulations 2014”. They apply to organisations of all sizes and protect employees’ rights when the organisation or service they work for transfers to a new employer.
The TUPE regulations can apply when a company is sold, tasks are outsourced, brought in-house, transferred or a contract for services is moved from one provider to another.
Employees from the newly-acquired business, service or contract will transfer automatically to the incoming employer. Their terms and conditions of employment (apart from occupational pensions) and continuity of service transfer with them and they also receive certain protections around dismissal and redundancy.
There are impacts for:
- the employer who is making the transfer (also known as the outgoing employer, the ‘old employer’ or the transferor).
- the employer who is taking on the transfer (also known as the incoming employer, the ‘new employer’ or the transferee).
- the effected employees, including any employees remaining with the outgoing employer and existing employees of the incoming employer as well as those who are transferring.
For more information call us on 0800 9880073 or visit acas.org.uk