TUPE Letter Informing Employees Of Business Transfer – Contracting Out
The TUPE Letter Informing Employees Of Business Transfer – Contracting Out can be used where a contract to provide goods or services is transferred in circumstances which amount to the transfer of a business or undertaking to a new employer.
The 2006 TUPE Regulations preserve employees' Terms and Conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.
Employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their contracts of employment had originally been made with the new employer. Thus employees' continuity of employment is preserved, as are their Terms and Conditions of Employment under their Contracts of Employment (except for certain occupational pension rights).
Representatives of employees affected have a right to be informed about the transfer. This includes information about the use of agency workers, including the total number of agency workers engaged by the employer, the business in which they are utilised, and the type of work they are contracted to undertake, as required by the Agency Workers Regulations 2010.They must also be consulted about any measures which the old or new employer envisages taking concerning affected employees.
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