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Duncan Lewis Employment Law Solicitors – TUPE


TUPE – or Transfer of Undertakings (Protection of Employment) Regulations 2006 – is a complex piece of legislation will employees will come across if their employer disposes of their business or another type of transfer takes place.


TUPE protects employees by establishing a legal right for an employee to transfer their services to a new employer under the terms of their existing employment contract – including any benefits such as pension benefits, or health insurance benefits.


A new employer should be familiar with the existing employment contract and the company’s employees before they take over.


Employees also retain their continuity of employment under TUPE – and employees are automatically transferred to the new employer under the Regulations.


The original TUPE regulations were amended in 2014 – Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.


Employees and/or their representatives must receive notice of any transfer and be allowed the opportunity to comment on any changes to their employment.


Employee representatives would normally be a trade union – but in some cases where no trade union rep is on site, employees may have to elect a representative, unless there are fewer than ten employees in a company.


In certain cases where TUPE procedures have not been followed correctly, an employee may be able to claim compensation if no consultation has taken place. In such cases each employee can claim compensation up to the value of 13 weeks’ salary.


Employees who lose their jobs solely as a result of a transfer can take a case for unfair dismissal to an Employment Tribunal. An employer would have to prove to the tribunal that there was an ETO (economic, technical, organisational) reason for the dismissal for the claim to be rejected by the tribunal.


Employees also have the right to resign if changes are made to their employment without consultation – and can claim constructive dismissal under TUPE Regulations.


Because TUPE is so complex, it is important to contact Duncan Lewis employment law solicitors as soon as possible for expert legal advice on employees’ rights under TUPE.


Duncan Lewis Employment Law Solicitors – How we can help you


Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters.


The Duncan Lewis employment team can represent all types of employers, both large and small – as ell as advising individual employees and collective employees on matters relating to the Employment Rights Act 1996 and TUPE Regulations.


Duncan Lewis Employment Law Solicitors – Fees


Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options for claimants and respondents:


  • No-win-no-fee
  • Damage based fee
  • Contingency fee
  • Fixed fees (for specific tasks)
  • Insurance funded cases.


Some cases may be funded with Home Contents Insurance or Contents/Buildings Insurance with Employment Protection Cover.


Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.


Duncan Lewis Employment Law Solicitors – When to contact us


If you have a problem with employment and TUPE, it is important to take legal advice and find out what your rights are as soon as possible.


Employees who are dismissed as a result of a transfer and in contravention of TUPE have three months in which to bring a compensation claim for dismissal.


Duncan Lewis also has a successful track record in advising companies and employers on employment matters and defending claims relating to TUPE Regulations.


The sooner you call us, the sooner we can help with an employment claim.


Duncan Lewis Employment Law Solicitors – How to contact us


Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.


For expert legal advice on employment law and TUPE, call Duncan Lewis employment solicitors on 020 7923 4020.

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