Does TUPE apply in the United States?
TUPE applies to all businesses, regardless of size. Under TUPE, the new employer takes over the employment contracts of all workers. And it is a violation of law if the new employer doesn’t meet the terms of those original contracts.
Does TUPE apply internationally?
TUPE applies when an undertaking transfers, including when contracting-out, re-contracting or bringing back in-house. There is surprisingly little case law on the issue of off-shoring and TUPE, so this Judgment is important in re-confirming that TUPE will apply even where the undertaking is moving abroad.
Does TUPE apply to non UK companies?
Employees of a UK business who are based outside the UK could still be protected by TUPE . In business transfers, if a business has an ‘undertaking’ in the UK (eg building, assets, fixtures and fittings, employees) but an employee spends most of the working week outside the UK, it’s likely they’re protected.
Who is eligible for TUPE?
Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not. If you happen to have employees who are temporarily assigned to work in a different office or department within the business or for another organisation, this can complicate the situation.
Does TUPE apply across Europe?
Yes, if there is impact on employees or the employer’s economic situation. If the company that employs the employees changes, consultation will be required.
Do you get a new contract when you TUPE?
After a TUPE transfer, employers can agree with employees to change an employment contract following the usual process.
Who is entitled to TUPE?
Does TUPE apply to new employees?
It’s possible for the business, or part of it, to have just one employee. Your employer must change for TUPE to apply. You will automatically transfer to your new employer when the transfer happens.
Does TUPE apply to fixed term contracts?
How soon after TUPE can I be made redundant?
It must start at least 30 days before anyone is made redundant. If they’re making fewer than 20 redundancies, there is no fixed time period to consult you individually. No employees can be made redundant until after the transfer.