If your employer sells its business, outsources the area of the business in which you work to a third party or changes the service provider for which you work, you would be protected under the Transfer of Undertakings (Protection of Employment) Regulations (“TUPE”).
Unless you object to the transfer (which you should not do until you have taken advice on the implications for you), your employment would automatically transfer to the purchaser or new service provider so that you become their employee on the same terms and conditions of employment that you enjoyed previously. Your continuity of employment and other rights would also be preserved.
Your old and new employers are required to inform and consult with you regarding the transfer and what it means for you. If they fail to comply with these obligations, a tribunal can award you up to 13 weeks’ actual pay in addition to any compensation for unfair dismissal.
If they attempt to change your terms and conditions of employment or they terminate your employment, you may have a claim against them for constructive or unfair dismissal.
We have many years experience in advising employees on TUPE situations and so we are well placed to advise you on your rights and your potential claims.
Contact our TUPE Solicitors for Employees in Farnham, Reading and Wokingham today
Our solicitors at Clifton Ingram can advise you on all aspects of TUPE. We are a proactive and down-to-earth team of highly experienced solicitors; bringing a high quality and professional service to your local area.
As one of the leading firms of solicitors in the Thames Valley and M3 Corridor, through to Surrey and surrounding areas, we regularly advise clients in Farnham, Reading and Wokingham and across all of Berkshire and the surrounding areas including Bracknell, Theale, Henley, Ascot, Crowthorne, Maidenhead, Camberley, Farnborough and Windsor. Speak to one of our team today to see how we can help on 0118 978 0099. Our solicitors will move fast to find a solution personal to you.
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