Dealing with TUPE developments on legislation 

  • By The Alchemist About Town
  • 11 Aug, 2016

People stuff

Pic from www.linkedin.com

TUPE refers to the "Transfer of Undertakings (Protection of Employment) Regulations 2006" as amended by the "Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014".

The TUPE rules apply to organisations of all sizes and protect employees' rights when the organisation or service they work for transfers to a new employer.

TUPE applies to employees of businesses in the UK, the business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK, the size of the business doesn’t matter.

TUPE has impact for the employer who is making the transfer (the transferor ) and the employer who is taking on the transfer (the transferee ).

On 31 January 2014, new regulations on TUPE came into effect updating the 2006 regulations.

There are 2 types of transfer protected under TUPE regulations:

- business transfers

- service provision changes

Business transfers

This is where a business or part of a business moves from one employer to another. This can include mergers where 2 companies close and combine to form a new one.

The identity of the employer must change, to be protected under TUPE during a business transfer. Share Sales are generally not covered as legal identity of employing company will not change however, in certain cases, it has been considered that the legal structure was not important but that the control of the business had been transferred as a matter of fact  - PrintFactory (London) 1991 Ltd v Millam 2007

Service provision changes

This is when:

- a service provided in-house is awarded to a contractor ( outsourcing )

- a contract ends and is given to a new contractor ( second generation )

- a contract ends and the work is transferred in-house by the former customer (i nsourcing )

Employees aren’t protected under TUPE if the contract is:

- for the supply of goods for the company’s use

- for a single event or short-term task

- for activities wholly or mainly the supply of goods

Only the employees who can be clearly identified as providing the service being transferred are protected.

This sounds relatively simple and straight forward but it is often not the case and is open to interpretation sometime for cases that sounds similar  e.g. Metropolitan Resources Ltd v Churcill Dulwich Ltd 2009  and OCS Group v Jones 2009.


In addition employers must inform/consult with employees through trade union representatives or, in the absence of a recognised trade union, formally elected employee representatives.

From 31 July 2014, businesses with fewer than 10 employees overall are not required to elect representatives to inform and consult where there are no existing recognised trade unions or elected employee representatives. However, they must still inform and consult directly with each individual employee regarding the transfer.


There are liabilities for failure to consult for both the transferor and the transferee.

The bottom line is: if you are planning to outsource, insource, change contractors or buy a business on a Share deal, you must seek proper advice and support in the process ( help at The People Alchemist Ltd. )



The People Alchemist Blog

By The Alchemist About Town 22 Sep, 2017
I am so utterly delighted that my book is now out, available to order both on paperback and on Kindle edition just in time for Business Women's Day - YES!!!!!! :-) 

STOP IT! It's all in your head   is my labour of love and my way to encourage, inspire and empower women to achieve what they want professionally and not be confined by societal, religious, family paradigms of what " women should do/are like" and, most importantly, the restrictions in their head.
If that is being CEO of a Global Company or a stay-at-mum or Director of Paperclip ( whatever grabs your fancy) so be it.

Writing this book was also a personal challenge ( the 30 days thingy) which confirmed to me once and for all that you can really do whatever you set your mind to, if you really want to that is.

Couple of tips for writing a book from me:
  • write about what you are passionate about, you know more than you think.
  • free-write about the parts/chapters in the book you like the most and you are most interested in first - that will give you a great boost at the beginning - you can edit and add the boring bits later - by then most of the book will be almost there
  • keep your own voice - write as you speak so to speak ( people do need to understand you though..)
  • keep an open mind, ideas will flow into you mid-way through the project
  • a deadline and going public is good to beat procrastination ( but if that stresses you out too much don't do it) - the deadline certainly helped me.
You can do it too!!!

If anyone would like to be part of the book launch, the event is live on Eventbrite and you can buy an Early Bird ticket now:
SMASH YOUR CEILING - #STOPITBookLaunch 
Thursday 12 October at 18.30
Business Design Centre
Islington
London

To pre- e-meet other super fab women in business attending the event, please use the following hashtags:
#SMASHYOURCEILING
#STOPITBookLaunch
#BDCWorks

I'm so excited about this book and I genuinely hope you will like it- I hope to meet you soon, in person or through the pages of my book.

Laura x


#Hustle #GirlBoss #SmashThatCeiling
  #SmashYourCeiling
STOP IT! It's all in your head 
#dreambig #believe #youcan



By The Alchemist About Town 19 Sep, 2017
The time is getting closer and closer to the release of   STOP IT, It's all in your head   my new book ( 22 September for Business Women's Day - US) .

I have now  received the proof copy of the paperback which looks absolutely fabulous: a couple of things to correct but overall I am super happy with the result.
A lot of marketing to do now between Facebook, Twitter, Instagram and Google+ ( which is PS: looking like more work than the actual writing of the book).

The book event/launch/talk is live on Eventbrite and you can buy an Early Bird ticket now:
SMASH YOUR CEILING - #STOPITBookLaunch 
Thursday 12 October at 18.30
Business Design Centre
Islington
London

To pre- e-meet other super fab women in business attending the event, please use the following hashtags:
#SMASHYOURCEILING
#STOPITBookLaunch
#BDCWorks

I'm so excited about this book and I genuinely hope you will like it.

Laura x


#Hustle #GirlBoss #SmashThatCeiling
  #SmashYourCeiling
STOP IT! It's all in your head 
#dreambig #believe #youcan



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