How long do tupe rights last

Email the Branch Secretary:. Under TUPE regulations you will maintain the terms and conditions you currently have unless the terms and conditions of the new employer are more favourable, in which case you can elect to be employed under their terms and conditions. The organisation needs to give you 45 days notice.

However, some organisations will give more than this to enable employees to ask questions and attend meetings. See Redundancy.

Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i. If you do not want to transfer you can request redeployment depending on the size of the organisation or to be considered for redundancy if available.

The only other alternative is to resign. The trade union will endeavour to secure redeployment for members where possible. All pension accrued under the former employer are protected. In some case the new employer will continue to contribute to this scheme. Any trade union recognition will transfer across to the new employer.

View our locations. Facebook Twitter Linkedin. Find what you were looking for? Take me there. Get your FREE download. Request a Callback. Submit your details and one of our team will be in touch. Or call us on Contact Us. Hi, how can we help? Your new employer may have valid reasons for agreeing contract changes with you. For example, if business needs have changed for reasons that do not relate to the transfer.

You and your employer must agree to any changes and follow the usual process for changing an employment contract. If you like, you can tell us more about what was useful on this page. Please do not include any personal details, for example email address or phone number.

If you have a question about your individual circumstances, call our helpline on We cannot respond to questions sent through this form. Changing your employment contract after a TUPE transfer After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.

If the main reason for a contract change is the transfer Your new employer can only make changes because of the transfer if either: they improve your terms and conditions, for example your employer increases your holiday entitlement annual leave there is an 'economic, technical or organisational' ETO reason involving a change in the workforce, for example your organisation needs restructuring TUPE regulations give some protection to your terms and conditions for an indefinite period.

ETO reasons for contract changes Your employer might want to change your employment contract because of an 'economic, technical or organisational' ETO reason.

ETO reasons include: essential cost-saving requirements economic reasons using new processes or equipment technical reasons making changes to the structure of an organisation organisational reasons Example — a valid ETO reason for a contract change. PrintsCo is a large printing organisation in Luton.

TUPE was put in place to protect employees who were affected by the sale of a business and means that restrictions are put on the new employer which stop them from doing certain things once they own the business. As an employee, your holiday entitlement is also protected, along with any collective agreements made previously.

If your new employer does not meet the terms of your contract, this may well be a breach of an employment contract. If you are dismissed because of a TUPE related reason, your dismissal is automatically unfair and you can make an unfair dismissal claim at an Employment Tribunal. As mentioned before, your new employer cannot change your terms and conditions of employment because of TUPE.

This includes your existing employer making changes to your contract of employment before the TUPE transfer. The new employer may want to bring all their staff onto the same terms and conditions to make management easier for them and harmonise the contracts so there is no ill feeling between workers on less favourable conditions.