Takeovers, Mergers and TUPE
If your employer has been taken over, merged or lost a contract which you were dedicated to working on, you can be vulnerable to redundancy, losing status and losing remuneration. This can often lead to considerable uncertainty, and you may need guidance on how your employment situation is going to change.
The law protects you in that situation, under a complicated set of regulations known as TUPE. This provides that, if the sole or principle reason for your dismissal is a transfer, your dismissal will be automatically unfair. You also have the right to be informed and consulted before the transfer goes ahead.
If your employment is transferred, the new employer may also want to change certain terms and conditions of your employment to match those of existing employees, which is known as ‘harmonisation’. Legally, this is hard for an employer to achieve. We will ensure you understand the true position. In addition, you have the right to be informed and consulted before any transfer goes ahead.
We can give you straightforward and pragmatic advice on all of your rights under TUPE and help you enforce those rights so the merger, takeover or loss of contract has a positive outcome.