Transfer of undertakings procedure (TUPE)
Transfer of undertakings procedure (TUPE) is a piece of legislation and process when an employee is transferred into a new organisation. The regulations are to protect the rights of employees in the transfer situation
Frequently asked questions
What happens to me if I am transferred to another employer under TUPE?
When TUPE applies, the contracts of employment of all staff employed within the affected area are automatically transferred to the new employer, who then takes over all rights and obligations arising from those contracts of employment, except criminal liabilities and pension obligations.
What happens to the service I have built up with the College at the date of transfer?
The transfer does not break your continuous employment. The date your continuous employment started with the College is the one on which any entitlement to statutory employment rights will continue to be based.
What happens to my current terms and conditions of service?
The new employer is obliged to honour your contract of employment, which means that they must maintain your existing pay and conditions of service. However, they can alter them so far as they could have been altered by the College (for example, changes to pay and annual leave negotiated with your representatives and/or changes to your job description on which you have been fully consulted).
What happens to my College pension?
College pension rights earned up to the time of the transfer are protected. The new employer is obliged to provide a minimum level of pension provision for you by matching your contributions, up to 6% of salary, into a stakeholder pension, or to offer an equivalent alternative. You are advised to contact email@example.com to discuss your pension options.
What if the new employer dismisses me rather than employing me?
Your new employer cannot dismiss you upon transfer, unless the main cause of dismissal is a carefully defined "economic, technical or organisational" (ETO) reason, which requires changes to the workforce, e.g. redundancies, and they are acting "reasonably" in treating that reason as sufficient to justify a dismissal. If your new employer does dismiss you for one of these reasons, they must give you contractual notice, or pay in lieu of it, and pay you redundancy compensation.
Can I object to being transferred?
You have the right to object to the transfer by informing either the transferor or the new employer. You should note that the objection will terminate your contract of employment and you will be considered to have resigned, not dismissed.
How will I know that I am being transferred?
You will be informed formally by letter from the College of the impending transfer. In addition, your trade union or directly elected representative will be informed in the same manner.
What will the College tell me about the transfer?
The College will provide you and your Trade Union representative with the following information:
- The fact that a transfer is happening
- When it is expected to happen
- The reasons for it happening
- The legal, social and economic implications for you
- The measures which the College intends to take that will affect you, or the fact that there will not be any such measures, if that is the case
- The measures which the new employer intends to take that will affect you, or the fact that there will not be any such measures, if that is the case.
I am a migrant worker with a sponsorship certificate, what happens to me?
The new employer will be required to inform the Home Office when it becomes responsible for your employment. The College will also be required to inform the Home Office of the fact that your employment with the College has ended.