Yes. The TUPE regulations apply to all employees in the UK and are designed to protect them when a business undergoes a takeover or a corporate restructuring. When acquiring a business or when restructuring, you need to abide by the regulations or could face employment tribunals and other issues.
A good employment lawyer can assist with the efficient transfer of employees between organisations or assist with the careful process of redundancy proceedings.
Yes, but you can only begin redundancy proceedings after a TUPE transfer when there’s a genuine need to make the redundancies, either for economic, technical or organisational reasons.
A good employment lawyer can help you both navigate the TUPE transfer and the redundancy process once completed.
Yes, if the sole or principal reason for the dismissal is the transfer itself. In that case, the dismissal will be automatically unfair unless the employer can establish that the reason for the dismissal is an economic, technical or organisational reason entailing changes in the workforce, in which case the dismissal will be potentially unfair and the general unfair dismissal rules will apply.
This is an extremely complex and technical area of law and the advice of a good employment lawyer can be crucial in successfully navigating these complexities.
