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TUPE policy

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Ensure fair treatment & compliance with UK's TUPE regulations during business transfers with our comprehensive TUPE policy. Protect employee rights & promote smooth transitions.

Reading time
How long to understand and implement this policy?
10 mins
Word count
How many words in this policy?
696
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What is a TUPE policy?

The purpose of a TUPE policy is to establish a framework and set of guidelines for an organisation to follow when dealing with a transfer of undertakings, as governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) in the United Kingdom. The policy serves several purposes:

  1. Compliance: The policy ensures that the organisation complies with the legal obligations set forth in the TUPE regulations. It outlines the organisation's commitment to adhering to the requirements of TUPE when a business or undertaking is transferred.

  2. Employee Protection: The policy aims to protect the employment rights and benefits of employees who may be affected by a TUPE transfer. It ensures that employees are provided with information, consultation, and fair treatment throughout the transfer process.

  3. Communication: The policy establishes guidelines for effective communication with employees, employee representatives, and other relevant stakeholders. It emphasises the importance of providing timely and accurate information about the transfer and addressing employees' concerns and questions.

  4. Consultation: The policy emphasises the organisation's commitment to consulting with affected employees and their representatives during the TUPE process. It sets out the process for meaningful consultation, seeking input from employees, and discussing any proposed changes to terms and conditions of employment.

  5. Employee Support: The policy recognises the potential impact of a TUPE transfer on employees and aims to provide appropriate support, training, and resources to help employees navigate the transition. It emphasises the organisation's commitment to employee well-being and engagement during the transfer.

  6. Legal Compliance: The policy ensures that the organisation is aware of its legal obligations under TUPE and seeks professional advice if necessary to ensure compliance. It underscores the organisation's commitment to staying up-to-date with changes in legislation and case law.

By having a TUPE policy in place, organisations can demonstrate their commitment to fair treatment, legal compliance, and open communication during the process of transferring undertakings, providing reassurance to employees and promoting a smooth transition.

Best practice timescale for this to be issued
When should this policy be issued?
During onboarding / after changes / planned refresher
Issued by who, to whom
Who should issue this policy, and to whom?
Internally issued to appropriate recipients in your Company
Applicable legal jurisdiction
In which jurisdiction can this policy be used?
Great Britain & NI (United Kingdom)

What legislation and best practice guidelines have been taken into account in the development of this template?

Here are some key UK employment legislations governing the Transfer of Undertakings (Protection of Employment) (TUPE) process:

  • Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): The primary legislation that governs the transfer of employees' rights and obligations when a business or undertaking is transferred to a new employer.

  • Employment Rights Act 1996: Provides protection for employees' statutory employment rights, including protection against unfair dismissal, redundancy, and discrimination.

  • Equality Act 2010: Prohibits discrimination in employment on the basis of protected characteristics such as age, race, gender, disability, and others.

  • Information and Consultation of Employees Regulations 2004: Requires employers to inform and consult with employees and their representatives regarding the transfer of the undertaking and any associated measures that may affect their employment.

  • Trade Union and Labour Relations (Consolidation) Act 1992: Sets out the rights and responsibilities of trade unions and their members, including provisions for employee representation during the TUPE process.

TUPE Policy

Overview

This policy outlines the approach [Company Name] takes to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

TUPE is a UK legislation that safeguards the rights of employees when a business or undertaking, or part of it, is transferred to a new employer.

Scope

This policy applies to all employees of [Company Name] who may be affected by a TUPE transfer.

General principles

[Company Name] is committed to complying with the TUPE regulations and ensuring the fair and equitable treatment of employees during any business transfer.

We will provide employees with information, consultation, and protection of their employment rights as required by law throughout the TUPE process.

Roles and Responsibilities

[Company Name]

  • Designates a responsible person to oversee the TUPE process and act as the primary point of contact for employees and external parties.
  • Ensures compliance with TUPE regulations, including the timely provision of required information to employees and their representatives.
  • Facilitates meaningful consultation with affected employees and their representatives.
  • Implements necessary measures to protect employee rights, including terms and conditions of employment, pay, and benefits.
  • Seeks professional advice, if required, to ensure adherence to TUPE regulations.

Employees

  • Cooperate with the employer throughout the TUPE process, including providing accurate information and attending consultation meetings.
  • Raise any concerns or queries regarding the TUPE transfer with their line manager or the designated responsible person.
  • Comply with any reasonable instructions or changes resulting from the TUPE transfer.

Consultation

[Company Name] will initiate a consultation process with employees and their representatives as soon as practicable when a TUPE transfer is anticipated.

Consultation will include:

  • Providing employees and their representatives with relevant information about the transfer, including its implications, timing, and reasons.
  • Seeking input and feedback from employees and their representatives on matters affecting their terms and conditions of employment.
  • Discussing measures to mitigate any potential negative impact on employees.
  • Responding to questions and concerns raised by employees and their representatives.

Terms and Conditions of Employment

[Company Name] will take all necessary steps to ensure that employees' terms and conditions of employment are maintained following the TUPE transfer, as required by law.

Any proposed changes to terms and conditions will be discussed during the consultation process, and any agreed changes will be implemented in accordance with TUPE regulations.

Communication

[Company Name] will provide timely and accurate information to employees regarding the TUPE transfer and its potential impact on their employment.

Communication channels may include written notices, meetings, one-to-one discussions, and other appropriate means to ensure employees are well-informed and have an opportunity to raise questions or concerns.

Employee Support and Training

[Company Name] acknowledges the potential uncertainty and anxiety that employees may experience during a TUPE transfer. We are committed to providing appropriate support and training to ensure a smooth transition and minimise any negative impact on employees.

Support mechanisms may include:

  • Provision of information and guidance to help employees understand the implications of the transfer and their rights under TUPE.
  • Offering individual consultations to address specific concerns or queries.
  • Facilitating training sessions or workshops to help employees adapt to any changes resulting from the transfer.
  • Encouraging open and transparent communication to maintain employee morale and engagement.

Employee Representation

[Company Name] recognises the importance of employee representation during a TUPE transfer.

Where appropriate, [Company Name] will engage with recognised employee representatives, such as trade unions or elected employee representatives, to facilitate effective consultation and negotiation.

Monitoring and Review

[Company Name] will monitor the implementation of this TUPE policy to ensure compliance with legal obligations and to assess its effectiveness.

Regular reviews will be conducted to identify any areas for improvement, incorporate changes in legislation, and address specific concerns raised during the TUPE transfer process.

Legal Compliance

[Company Name] is committed to complying with all applicable laws and regulations regarding TUPE transfers.

We will seek legal advice and guidance as necessary to ensure our practices align with the latest TUPE legislation and case law.

Policy Review

This TUPE policy will be reviewed periodically and updated as necessary to reflect changes in legislation or organisational requirements.

Employees will be informed of any revisions to the policy through appropriate communication channels.

This policy [does not] form[s] part of your terms and conditions of employment.

Version: [1.0]

Issue date: [date]

Author: [name, job title]

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tupe policy