Users' questions

How long is my job protected under TUPE?

How long is my job protected under TUPE?

The period of protection afforded by TUPE is indefinite; if the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

How long after TUPE can my contract be changed?

Transferring employees should be protected for at least two years after the transfer. In practice, however, it can become more difficult to establish the connection between the change and the transfer where more time has passed.

Can you change working hours under TUPE?

Share: It really does depend. Your new employer cannot change your terms and conditions to harmonise them with their existing staff. But, if your employer can show that there is an Economic, Technical or Organisational reason to change your Terms and conditions, these changes may be allowed under TUPE.

How does TUPE affect my pension?

Under TUPE, an employee’s contractual rights in respect of personal pension arrangements will automatically transfer to the transferee. This means that, for example, following the transfer, the transferee has an obligation to make the same contributions to the contract based pension scheme as the transferor made.

Can you TUPE twice?

No, currently your terms and conditions are protected. They can be renegotiated after one year provided that overall the contract is no less favourable to the employee, your trade union will be consulted during any changes to terms and conditions.

How long do TUPE conditions last?

TUPE regulations give some protection to your terms and conditions for an indefinite period. For example, if your new employer wants to change your terms and conditions 10 years later, they’d still need a valid reason for the change that is unrelated to the transfer.

Can I be sacked after TUPE?

TUPE provides some limited extra protection against dismissal. It is automatically unfair to dismiss employees because of the transfer. A dismissal will not be automatically unfair if it is for an ‘economic, technical or organisational’ (ETO) reason entailing changes in the workforce.

What is the notice period for TUPE?

How much notice am I entitled to? 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.