TUPE

A revision to the transfer of undertakings legislation that came into force on 6 April 2006 has brought about significant changes for employers who provide contract services for clients.

Many of those affected by this legislation include such labour intensive industries such as office cleaning, workplace catering, and security guarding.

When a contractor takes on a contract to provide a service for a client from another contractor a “service provision change” takes place and TUPE Rules will apply.

Here are a few typical questions that our clients ask us:

Can the old employer select the employees who transfer across?

The old employer cannot select who transfers across although the old employer can retain those individuals who had been permanently re-assigned to other work in advance of the transfer.

How are Pensions affected by the new regulations?

The transfer of Employment (Pension Protection) regulations 2005 state that employees who were members of or who were eligible to join an occupational pension scheme before a TUPE transfer are entitled to have a scheme provided by the new employer. There is however a wide choice of what type of pension scheme to offer.

For Further information and advice about TUPE regulations call: 01509 221600
or fill in our contact form