TUPE - Acquiring or transferring a business or service
This section of FAQs answers the most common questions in relation to buying or selling a business or part of a business, or taking over, or transferring to another a service provided to a business e.g. catering or cleaning. TUPE regulations cover all such eventualities and a failure to abide by them can carry stiff penalties.
- What is a transfer of an undertaking?
- If I buy a new business, who is liable for any outstanding employment issues, e.g. disciplinary cases, claims to tribunals, injury claims?
- I am buying a new business which has existing employees. What do I need to tell the new employees?
- I am selling a business and my employees will go to the new owner. What do I need to tell my employees?
- The staff in the new business I am buying are paid more than my existing staff. Can I reduce their pay so that everyone is equal?
- I am buying a new business but I do not want all of their people as I want my own management team to take over. Can I make the new businesses’ managers redundant?
- I am buying a new business and taking on their staff. One of their employees is objecting to the transfer. What do I do?
- My employees are transferring to a new employer as a result of the sale of my pub. Does this mean that their continuity of employment starts all over again?
- Am I ever able to change the terms of an employee I have acquired through TUPE?
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- Can I increase the favourability of an employee's terms & conditions?
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