The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) were formed to ensure that workers are protected when services or businesses represented by a specific employee are transferred to another employee (Mills et al., 2023). Transfers usually happen, and when not well managed, they can result in issues or intimidation of employees when their services are transferred to the new boss. Changes in employer ownership and transfer can be challenging, but laws in place to protect the employees help protect them from the latest terms and conditions and even set salaries in new workplaces.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) thus requires that the new employer continue working with the previous employer’s terms and agreement. It would therefore be considered to be against the law if there is any unauthorized change, such as reduced pay or working hours. However, changes can occur if there is an agreeable agreement between both parties and where there is technical or organizational reason. Changes thus must be genuine and not favouring any side, as most employers would find a way to manipulate the employee to agree to new terms that exploit them.
Another occasion where TUPE applies differently from the transfer of business or undertaking is when a service provision changes. A service provision change occurs when a client terminates a contract, resigns or ceases to do activities, and a new person performs the new duties (Cooper, 2021). The latest person or group of people are also protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). They should be given the same contracts and agreements as the previous client. An example of this is cleaning services, where a new cleaning agency comes in and starts working with you. They are protected under the TUPE law and are protected the same as the person who offered the services before.
Any changes within the terms and conditions need to be discussed in the presence of the new employee or consulted for any changes. In any case, if they disagree with the new terms, then the new employer is obliged to continue with the previous employer’s terms until there is an agreement. Failing to do so can result in legal charges and issues where the employee can sue the new employer for breach of contract or constructive dismissal where applicable (Cooper, 2021). TUPE thus plays a considerable role in protecting the employee during transfer, ensuring that the prior agreed contract and terms are applied even after transfer to a new employer.
Employees also have the right to object to the transfer or refuse to be transferred for professional or personal reasons, especially when they object to the identity of the new employer. The consequence for this, however, is job termination as there is a breach of contract from the employee side, and their job ends automatically on the transfer date. No compensation or notice will thus be provided, and they can leave the job. TUPE, therefore, protects the employee from being exploited by the new employer, ensuring that the contract and terms used by the previous employer are followed and respected.
