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TUPE law seeks to protect the rights of your existing employees and prevent them from being treated unfairly in these circumstances, and it is therefore important that you are aware of your obligations so as to avoid any potential claims against you in the Employment Tribunal.
The TUPE law regulations stipulate that all contracts between the old employer and the employees are transferred without any changes to the new employer. This is the opposite of the common law position, in which if either signatory to the contract changes the contract itself is terminated automatically.
The TUPE Law regulations are intended to provide a safeguard for your employees, as any subsequent dismissal or significant change to their terms and conditions of employment that comes about as a result of the transfer of ownership could potentially be classed as unfair dismissal. In such circumstances, your employee could have case against you as their new employer.
If you are in the process of either being taken over by another business, or you are buying a business that has employees, it is advisable to ensure that you are well acquainted with your obligations. Ashby Cohen can provide you with the relevant information and advice in order to ensure that you do not find yourself faced with a claim for automatic unfair dismissal. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any workplace bullying issues you may have. Please contact us for an initial free consultation.
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