Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

In the latest of our series of posts on TUPE, we take a look one of the rights that employees receive if the business that they work for is acquired by another business. In a previous post we looked at the protection against unfair dismissal that employees receive. In this post we’ll look at the automatic transfer principle.

Where there is a relevant transfer (explored in this post) the transfer doesn’t end the employment relationship – it simply transfers to the business doing the acquiring. The contracts of employment of employees transfer to the transferee (the business doing the buying) on the same terms of contract as with their previous employer and with their continuity of service preserved.

In this post we’ll take a look at who transfers to the transferee upon a relevant transfer. In the next post we’ll take a look at what rights and liabilities are transferred from transferor (the business being bought) to the transferee.

Who transfers across when a relevant transfer occurs under TUPE?

Under TUPE employees who are employed, were employed immediately before the transfer, or would have been employed but for their being dismissed because of the transfer or a reason connected to it (which isn’t an ETO reason), who were assigned to the organised grouping of resources or employees that is subject to the relevant transfer, automatically transfer to the transferee.

How is employee defined under TUPE?

The following persons are transferred when a relevant transfer takes place:

  1. Employees
  2. Those persons who don’t have a contract of service but have an existing employment relationship with the transferor

Employee is defined in a wider context than usual under TUPE than it is for other purposes under employment law. It includes individuals who work for another person, whether under a contract of service or apprenticeship or otherwise. “Workers” (another category of employment relationship) would therefore normally fall under this definition and be transferred when a relevant transfer takes place. However, agency workers and self-employed workers would fall outside the TUPE provisions and not be transferred when a TUPE transfer takes place.

The second category – those persons who don’t have a contract of service but have an existing employment relationship with the transferor – is relatively ambiguous and can catch unsuspecting transferees out. Under this provision workers who do not have a contract of service with the transferor (such as staff providing catering or hygiene services at a workplace) can have their employment relationship transferred to the transferee.

Which employees are assigned to the organised group of resources or employees subject to the transfer?

This is a question of fact in any particular instance. The Employment Tribunal will look at all the facts of the case at hand and determine whether an employee or a group of employees were attached to a particular group of resources or employees that are subject to the relevant transfer. Issues that the Employment Tribunal will look at include length of service, permanence of attachment to a particular area of the business etc.

The next post will look at what rights and liabilities transfer to the transferee upon a relevant transfer.

About Chris Hadrill

Chris is a specialist employment lawyer at Redmans. He specialises in contentious and non-contentious employment matters, including breach of contract claims, compromise agreements and Employment Tribunal cases. He writes on employment law matters on a variety of websites, including Direct 2 Lawyers, Lawontheweb.co.uk, LegalVoice, the Justice Gap and his own blog.

Contact Chris by emailing him at chadrill@redmans.co.uk

Tagged with →  
Share →

Leave a Reply

Your email address will not be published. Required fields are marked *

 

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.52 Average

21 Reviews

Redman's provided excellent legal employment advice for me during a difficult time in my employment. Chris was my lawyer, super efficient, quick, reliable and clearly very experienced in the matter. Could not ask for a better law firm to deal with your query if you are in need of some help. Would definitely use them again in the future. Highly recommending Chris.

Posted 3 weeks ago

Steven

Chris Hadrill was very professional and responsive. I would highly recommend him

Posted 3 weeks ago

Dinah

Very Efficient, with very quick email reply’s. I had a matter that needed resolving within a very short space of time and Redmans Solicitors were great with dealing with my matter quickly.

Posted 4 weeks ago

Ankar

At Redmans the solicitor that was dealing with me was Chris. He dealt with my situation smoothly with clear guidance and explanation

Posted 4 weeks ago

Anonymous

Clear, concise advice and guidance delivered by an experienced and very capable solicitor, within the timelines required

Posted 1 month ago

Anonymous

Very efficient service. I never had to wIt for more than a day for a reply to any of my queries and the matter was dealt with swiftly.

Posted 1 month ago

Anonymous

Very timely, thorough and helpful advice. Friendly and considerate of the needs of the client

Posted 1 month ago

Anonymous

Very prompt and attention to detail. Thank you for the service

Posted 1 month ago

Chris

Couldn’t be happier with how Redmans successfully handled our seemingly tricky case. By being clear and detailed every step of the way, with the utmost professionalism and courtesy, they made it an informative and eye-opening process, taking the stress out of the situation and ultimately delivered what you would want from such a service. I fully appreciate everything they have done, and if I am ever in need of such services in the future, they will be the first number I contact. Excellent.

Posted 1 month ago

Anonymous

Excellent work delivered with great quality

Posted 1 month ago

Dominic

Chris Hadrill was a great help both in terms of his advice and his expertise. He explained my options to me clearly and concisely enabling me to quickly make the right decision for me in the circumstance. I would not hesitate to recommend Chris or Redmans to friends or colleagues, and would certainly make Redmans my first port of call should I require a similar service in the future.

Posted 1 month ago

Kurt

Redmans gave excellent advice and helped me understand everything in clear concepts. Thank you!

Posted 1 month ago

Anonymous

Resolved my issues

Posted 1 month ago

Keith

Quick fast professional service.

Posted 1 month ago

Michael

"Prompt, efficient and practical advice that resulted in me getting some additional money tax free."

Posted 1 month ago

Anonymous

Patient and thorough advice given to me around my Settlement Agreement

Posted 2 months ago

Anonymous

"Excellent service, getting back to you promptly giving you very good advice."

Posted 2 months ago

Anonymous

I found Chris Hadrill to be an excellent help, he is very knowledgeable and gives good ,concise ,strategic advice .He makes himself readily accessible when you need him.I would personally highly recommend him.

Posted 2 months ago

Christine

Professional, efficient and reliable service provided. I strongly recommend them and I would use this service again.

Posted 2 months ago