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OUTSOURCED HR

TUPE

We have all heard the word TUPE either because we have been part of a merger or buy out with another company. Did you know the TUPE Regulations 2006 were revised in 2016 and now have a different application? They place specific responsibilities on you and on the other party to get it right together. If not you become jointly responsible and could jointly face a hefty fine no matter how good you have been. Don’t get caught out.

If you think that the TUPE Regulations may apply to your business or a service that you’re outsourcing, a wrong move could be very costly for you. Are you worried about doing the wrong thing? To get professional HR advice on these questions and much more, contact us. Here at Metis HR Ltd we know what to do and how to do it. We have 50 years’ experience of providing outsourced HR advice on TUPE transfers and transfers of service provision.

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What is TUPE?

TUPE is the shorthand for The Transfer of Undertakings (Protection of Employment) Regulations.

What are the main headline HR implications for employers in TUPE?

• Redundancies as a result of a TUPE transfer aren’t automatically unfair
• Consulting with those affected before the transfer date
• The old employer providing employee information 28 days before the transfer date.
• Restrictions on making changes to contracts of employment following a transfer

What immediate steps should employers take, or discuss with their HR advisers?

• The most common cry I hear is, “tell us sooner”. Employers need to appreciate that if it’s to be done properly, TUPE takes time.
• It is important that any transfer is considered fully to decide whether TUPE applies. If it does, what practical steps are needed and who is going to do what in the process.

Why was TUPE introduced in 1981 and why were the 2014 changes necessary?

• TUPE was introduced to comply with a European Directive aimed at strengthening the rights of staff involved in transfers. It was developed to protect their contractual terms and conditions they had prior to the transfer through in to their new employment.

What were the benefits of the changes to TUPE regulations?

• For many employers it relaxed the rules on redundancies where there is a change in location.
• Previously, if you bought a business planning to move the work to another location but needed the same number of employees to do the work, any redundancies you made were very risky.
• Now redundancies due to a simple change of location won’t be automatically unfair.
• Fewer restrictions on varying employment contracts for transferred staff should give employers more flexibility when managing them.

Where are the downsides following the changes to TUPE regulations?

• TUPE remains a complex piece of legislation and the consequences of failing to identify a TUPE situation correctly and act appropriately remains challenging for employers and HR professionals.

Are there any particular HR aspects of the changes that employers should be especially aware of?

• Consulting earlier can have great benefits in smoothing the transfer process for staff. Communication is key in helping employees adjust to the changes more easily. It’s an anxious time for any employee who is told that their employer is changing.
• It makes sound employee relations sense to make contact with these employees and help them start to become familiar with their new employer and their new colleagues.

What are the risks for employers who are not well-advised of the implications of the new TUPE regulations?

• Expense, stress and sleepless nights!
• Get proper legal advice to confidently decide whether or not a TUPE situation exists.
• Secure professional HR advice to make sure that consultation, information disclosures and due diligence is appropriately carried out and completed.

Do you think that a change you are making to your business might be covered by the TUPE Regulations? Give us a call now on 01706 565332 to talk it through in confidence or email us. There is no charge for an initial consultation.
Metis HR offers professional HR Consultancy Services and Outsourced HR