Employment Lawyers Can Answer Your Employment Law Questions
Hello Ben Thanks will await your reply I am out at a meeting this afternoon sp will check this evening Thank You Roger
Hi Roger, before I proceed can you please let me know if there will be any changes to the services that are provided or if they will remain the same?
Hello Ben they will remain the same i.e one to one business start up advice and individual client mentoring-Thanks Roger
In order to be protected, the first requirement is that the person needs to be an employee, which means self employed workers or agency staff will not be covered. They will then only be protected if they are permanently employed in the business (or part of it) that is being transferred.
Next, one has to determine if the person is ‘assigned’ to the organised grouping of employees transferring. As there is no definition of what ‘assigned’ means, whether the employee is assigned is essentially a factual question and needs to be determined by taking into account different factors, such as:
Finally, the business or service that transfers has to continue with the new employer. Therefore, any activities that are currently carried out must continue with the new employer after the transfer. If the business or services changes significantly after the transfer then TUPE protection would not apply. In the case of service changes the service has to be fundamentally and essentially the same before and after the transfer for TUPE to apply.
If all of the above criteria are satisfied then it is indeed highly likely that these employees will be covered by TUPE and will transfer to the new employer, who will have a legal obligation to take them on with their existing terms and conditions.