TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands.
Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. Although the detail of the regulations can seem rather complex and technical, the underlying purpose is very straightforward. The rules simply aim to protect employees and at Centric HR we can assist and implement this procedure.
TUPE usually puts the ‘fear of God’ into many organisations and HR professionals as they feel it can be an arduous and complex area of employment law. There’s no mistaking that TUPE can be complicated, but it really is just another process to follow and if you follow it with good sound guidance things will go very smoothly. Centric HR can help you spot the pitfalls early on in the process through due diligence and good project management means that companies can plan in advance and manage employee expectations.
TUPE can be a service provision change – from one employer to another and this can involve a service moving into a service, but also a service moving out of an organisation. Good relationships and communication with the other provider are paramount and are an essential part of a successful TUPE.
Examples and points of successful TUPE work completed by Centric HR include…
The Transfer in and out of several maintenance services from contractors to bring into the organisation.
Purchase of entity which fell under TUPE regulations.
Supported management team with project management of the TUPE process.
Provided guidance to the outgoing HR team who were unfamiliar with the process.
Attended group and individual consultation meetings with employees involved.
Produced a checklist of due diligence to ensure all areas covered.
Measures letters utilised where T&C differences might apply.
Managed data check of all incoming employees.
The smooth transition of employees into new business, including ensuring all right to work checks completed, DBS checks carried out if necessary and necessary training provided.
Managing the process of pension payments.
"We can help you spot the pitfalls of TUPE early on in the process through due diligence."
The regulations of TUPE can apply regardless of the size of the transferred undertaking. Thus the regulations equally apply to the transfer of a large business with many thousand employees or of a very small one (such as a shop, pub or garage) and apply equally to the public or private sector. We are able to assist with all sizes at Centric HR, as this area is constantly evolving.
Not only can we assist with the actual TUPE of staff but also the aftermath of managing employee engagement and harmonization of two or more cultures coming together into one organsiation. Whether it’s management practices, processes or IT systems that need to be rolled out across the new organization, Centric can effortlessly provide advice, guidance and where necessary the implementation for you to ensure you have piece of mind.
For more information on how Centric HR can assist with TUPE, please…
Integration into the new employer
Vision and mission
Employees are fully informed about the new operating model and its advantages.
Transferring employees are supportive of and excited about their transition.
Employees understand and support the organisation’s strategic direction.
Employees are committed to the change.
Employees understand where they fit in the organisation and within its objectives.
Integration is culturally aligned.
Knowledge is transferred to support enhanced capabilities.
Employees are fully prepared for enhanced platform functionality.
Displaced employees receive job search support.