TUPE Solicitors for Employees in Coventry
Facing a TUPE (Transfer of Undertakings – Protection of Employment) transfer can feel overwhelming, especially when your job security and employment rights are uncertain. Our TUPE solicitors for employees in Coventry are here to guide you through the process with clarity, confidence and care, ensuring you feel empowered in your new workplace.
When your role is being transferred to a new employer, it's vital to understand how TUPE applies to your situation. If you feel you’ve been unfairly treated or dismissed due to a TUPE transfer, you may have a claim, particularly if your circumstances change upon arrival at your new employer.
Businesses handle transfers differently, so we take the time to explain your legal position in plain English and provide tailored TUPE advice on how to proceed. Whether you need to negotiate changes or want to challenge a dismissal, our employment lawyers are here to support you with straightforward, practical guidance.
Our TUPE solicitors for employees in Coventry can assist with:
- Explaining your legal rights during a TUPE transfer
- Reviewing changes to your terms and conditions
- Advising on unfair treatment or dismissal related to TUPE
- Representing you in disputes or Employment Tribunal claims
Contact our TUPE Solicitors for Employees in Coventry today
Please get in touch with our TUPE solicitors for employees in Coventry today for clear, personable guidance. You can call us on 024 7663 2121 or email us at info@bandhattonbutton.com.
Our employment law solicitors for employees can provide bespoke legal guidance on various issues, no matter your current position.
Our TUPE Solicitors for Employees fees
Due to the complexity and variable nature of TUPE cases, our solicitors’ fees are usually charged at an hourly rate.
For more information about our fees, please click here. For information on employment tribunal pricing, please click here.
What is TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. It’s a legal framework that is designed to protect employees when the business they work for changes hands, such as during a merger, acquisition, or outsourcing services.
TUPE law regulations ensure that your job, terms and conditions, and continuity of employment are preserved during the transfer. If you’ve been transferred as part of a TUPE process, you should expect the same conditions as your old workplace.
In short, TUPE helps prevent employees from being unfairly dismissed or disadvantaged just because ownership or management of a business is changing. If your workplace is transferred, you are legally entitled to keep your job under the same conditions held previously.
When does TUPE apply to employees?
TUPE applies when a business, or part of a business, is transferred to a new employer, or when services are outsourced, brought back in-house, or moved to a new provider.
If you are employed by the part of the business being transferred and your role remains essentially the same after the move, you will likely be protected under the guidelines of TUPE. The regulations apply to private and public sector employees, provided that the transfer meets specific legal criteria.
What are my rights under TUPE as an employee?
As an employee, TUPE gives you the right to remain in your job on the same terms and conditions, with your continuous service preserved. You are also entitled to be informed and consulted about the transfer.
If your employer or the new employer wants to make changes to your contract, they must have a legitimate reason, which is usually economic, technical or organisational. Importantly, if you are dismissed because of the transfer itself, without a valid reason, this will likely count as an automatically unfair dismissal.
What is the process of TUPE?
The TUPE process is designed to ensure a smooth and fair transition for employees when a business or service changes hands. The typical steps include:
- Confirming TUPE applies: The employer identifies whether the transfer qualifies under TUPE regulations.
- Informing employees: The transfer must be explained to affected staff, including when it will happen and how it may affect them.
- Consultation: If changes are expected, employers must consult with employees or their representatives.
- Automatic transfer: On the transfer date, your employment moves to the new employer with all existing terms and continuity of service intact.
- Post-transfer changes: Any changes to your contract must have a valid business reason; dismissals linked solely to the transfer are likely to be unfair.
How can Band Hatton Button’s TUPE solicitors assist me?
Explaining your legal rights during a TUPE transfer
Understanding your rights under TUPE is essential when your employment is transferring to a new organisation. Our TUPE law solicitors can walk you through what TUPE means for you, including your entitlement to maintain existing terms and conditions.
We’ll clearly explain your protections, from the right to be consulted to your ability to object to the transfer, so you feel informed and in control throughout the process as you begin to settle into your new workplace.
Reviewing changes to your terms and conditions
TUPE rules in the UK state that your terms and conditions of employment should remain the same after a TUPE transfer unless there is a valid economic, technical or organisational (ETO) reason for change.
If your new employer is seeking to make alterations, we can review the proposals in detail and help you challenge any unfair or unlawful modifications, ensuring that your employment rights are upheld. We will represent you firmly at a tribunal in court if required.
Advising on unfair treatment or dismissal related to TUPE
If you’ve been dismissed or treated differently following TUPE transfers, it may amount to an automatic unfair dismissal or unlawful detriment. Our Coventry-based TUPE solicitors will evaluate your case with care, explaining whether your treatment breaches TUPE regulations and helping you take the next steps, whether through negotiation or formal proceedings.
Representing you in disputes or Employment Tribunal claims
In some cases, TUPE disputes can’t be resolved informally and may need legal action. Our experienced solicitors are ready to represent you, whether in discussions with your employer or at an Employment Tribunal.
We’ll handle the legal complexities on your behalf, advocating for your rights and seeking a resolution that works in your best interests. Whilst formal action can be stressful, we will guide you through the process sensitively to protect your interests and mitigate stress.
Frequently asked questions about TUPE for employees
How long should I expect a TUPE transfer to take?
There’s no set timeframe, but TUPE transfers usually take a few weeks to a few months, depending on the size and complexity of the business. You should be informed of the transfer details at least 28 days before it happens to give you enough time to prepare adequately.
Is it possible to be made redundant after a TUPE transfer?
Yes, but only if there is a genuine business reason unrelated to the transfer itself, known as an economic, technical or organisational (ETO) reason. If termination of employment is directly due to the transfer, it could be classed as automatically unfair by TUPE regulations.
How soon after a TUPE transfer can employment terms be altered?
Changes can only be made after the transfer and must be for a valid ETO reason. Even then, they require employee agreement. TUPE protects your terms from being changed simply because of the transfer. Our expert TUPE law solicitors in Coventry can help protect your rights if you feel that your terms of employment have been changed unreasonably.
Could my salary decrease as a result of a TUPE transfer?
Not without your agreement and a valid business reason. TUPE protects your existing pay, and any attempt to reduce it purely due to the transfer is likely to be unlawful. Again, if your salary has been decreased following a TUPE transfer, this is likely illegal, and our expert solicitors can help you retain your rights.
What does the TUPE 50% rule mean for employees?
The 50% rule refers to Service Provision Changes, meaning the TUPE applies if the work transferring is broadly similar and at least 50% of it is retained by the new provider. This helps determine whether TUPE rights apply in outsourcing scenarios, and whether you need to instruct TUPE law solicitors for employees.
However, the 50% rule is not a legal requirement, and so should be considered no more than a guide as to whether the regulations might apply.
Is demotion allowed after a TUPE transfer?
No, demotion is not allowed following a TUPE transfer, unless it has already been agreed with you and is based on a valid ETO reason. If you are faced with demotion solely due to the transfer, this will likely breach TUPE protections and therefore be a valid reason to seek legal action.
Will my pension stay the same after being transferred under TUPE?
Your state and occupational pension rights are legally protected. However, the new employer does not have to match private occupational pension schemes exactly, though they must provide a broadly comparable alternative. This should be outlined to you prior to the transfer of undertakings.
Can I refuse to transfer under TUPE, and what are the consequences?
Yes, you can object to the transfer, but you may be treated as having resigned. This means you won’t be entitled to redundancy pay or notice, and you won’t transfer to the new employer, so it’s important to reflect on your position carefully before making this decision.
Contact our TUPE Solicitors for Employees in Coventry today
Please get in touch with our TUPE solicitors for employees in Coventry today for clear, personable guidance. You can call us on 024 7663 2121 or email us at info@bandhattonbutton.com.
Our employment law solicitors for employees can provide bespoke legal guidance on a range of issues, should you require our support.