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Employment Advice

TUPE

If the business which you are employed in is transferred to a new employer you are entitled to the protection of the TUPE regulations.

TUPE regulations will also protect you if a service previously undertaken by your employer in which you were employed is awarded to a new contractor e.g. where there is a change of leaning contractor.

TUPE protection means that your employment will transfer to the new employer on your existing terms and conditions. and that your continuity of employment is maintained

Both new and old employers are obliged to consult with employee representatives to make them aware that the transfer is to take place, the reasons for it, its timing and how they expect it will it will impact the employees of the business.

If you lose you job as a result of a business transfer then so long as you have worked for your employer for at least one year you are entitled to bring a claim for compensation to the employment tribunal based on unfair dismissal. The only defence open to an employer is to show that you were dismissed for economic, technical or organisational reasons.

Claims for unfair dismissal must be brought within 3 months of the date of your dismissal so its important that you contact us as soon as possible.

If the transfer of the business had led to substantial detrimental  change in your terms and conditions of employment you may be entitled to resign and pursue a claim for compensation to the employment tribunal based on constructive dismissal

As with claims for unfair dismissal your claim must be brought within 3 months of the date of your employment ending and it is important that you contact us as soon as possible.

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Richard Ennis

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Rebecca Neale

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