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TUPE FAQS Are collective agreements and trade union recognition protected under TUPE?
In addition to safeguarding individual rights, TUPE also seek to ensure that the new employer steps into the shoes of the old employer so far as relationships with trade unions are concerned. Regulation 6 provides that any collective agreement made between the old employer and a trade union, which it recognised in respect of the transferring employees, shall have effect after the transfer as if it had been made between the relevant union and the new employer. Regulation 9 provides for the transfer of union recognition, although this only applies if the transferred undertaking maintains an identity, which is distinct from the remainder of the new employer's undertaking. » more Can I be dismissed if I refuse to accept new terms and conditions if the changes are connected with the transfer of undertaking?
An employer is not entitled to dismiss staff that refuses to accept new terms and conditions if the changes are connected with the transfer of an undertaking. This is subject to the qualification that the dismissal will not be automatically unfair if there is an Economic,Technical or Organisational (ETO) reason for the change in terms » more Do I have the right to object?
Although employees who come within the scope of TUPE have an automatic right to transfer to the new employer, it is not obligatory for them to do so. Under regulation 5, an employee who does not wish to transfer can inform either the old or the new employer of that fact. In that event, the employee's contract terminates automatically by operation of law, which means that s/he is not entitled to any compensation. The Employment Appeals Tribunal (EAT) has said that an objection will only be valid if it is communicated to either the old or the new employer before the transfer - see Hay v George Hanson (Building Contractors) Ltd [1996] IRLR 427. » more |
