Transfer of Undertakings (Protection of

Transcript:Transfer of Undertakings (Protection of:
Transfer of Undertakings (Protection of Employment) Regulations 2014 Adam Lambert Regional Legal Officer Aim of legislation is to provide some protection in the event of a transfer of the undertaking in which an employee works 3 main protections: Automatic transfer of employment, terms and conditions (except pensions) Safeguards against dismissal and changes to T&Cs Information and consultation rights BUT TUPE protection is weak and has various loopholes Standard transfer – where there is a transfer of an economic entity which retains its identity Service Provision Change – where activities are carried out by another company (e.g. outsourcing) “Organised grouping of employees which has as its principal purpose the carrying out of activities for the client” Intention must be that activities will continue in the medium to long term in “fundamentally the same” way Activities must not consist mainly of the supply of goods Relevant transfers Transfers involving the administrative reorganisation of public administrative authorities (e.g. intra-NHS transfers) Insolvency proceedings Situations where TUPE does not apply Employees and apprentices must be permanently assigned to the undertaking which transfers Percentage of time spent working on undertaking is influential but not determinative Who transfers? Effect of TUPE is that the contract with the old employer (“transferor”) is made with the new employer (“transferee”) on the date of transfer Continuity of service is preserved Excludes occupational pension scheme rights (but includes accrued pension rights) Terms derived from collective agreements are static at the point of transfer where the new employer is not part of the collective bargaining process What transfers? Information about employment liabilities must be provided by the transferor to the transferee at least 28 days prior to transfer: Employee names, roles, ages, length of service, T&Cs, collective agreements Disciplinary information Information regarding employee grievances within the last 2 years and any court claims against the employer within the last 2 years or which the employer reasonably believes may be lodged. The union is not entitled to receive Employee Liability Information Employee Liability Information Must commence long enough before the transfer for meaningful consultation to take place Duty lies with transferor but dependent on the transferor receiving relevant info from transferee Appropriate representatives of “affected employees” (recognised TU/elected employees) must be informed about: The date of the transfer, the identity of the transferee and the reasons for the transfer The legal, economic and social implications and “measures” expected to be taken by the