How to avoid falling foul of the law on harmonising contractual terms and conditions following a TUPE transfer
A new "how to" guide provides practical guidance for employers on the effect of the TUPE Regulations on attempts to harmonise employees' terms and conditions following a transfer.
A TUPE transfer will often result in an employer having sets of employees on different terms and conditions. TUPE protects the contractual terms and conditions of transferring employees, so attempts to harmonise them with those of the existing employees will generally be void. The guide explains the law in this area and the risks involved in going ahead with an attempt to achieve harmonisation. It also looks at the limited circumstances in which it may be possible to vary employees' terms and conditions following a transfer.
- How to avoid falling foul of the law on harmonising contractual terms and conditions following a TUPE transfer Practical guidance for employers on the variation of contracts of employment following a transfer.
Also
Good practice manual > TUPE This good practice guide includes guidance on managing employees after a transfer.
Further practical "how to" guidance on TUPE includes:
- How to deal with the situation where the transferee disputes that TUPE applies;
- How to comply with the law on dismissal of employees in relation to TUPE transfers; and
- How to arrange the election of employee representatives for informing and consulting on a TUPE transfer.
