Maze for transfers

The TUPE (Transfer of Undertakings – Protection of Employment) Regulations, referred to as TUPE 2006, are now the main piece of legislation governing the contracting out of services and the transfer of an undertaking, or part of one, to another employer. Recent regulations on the transfer of business and the protection of employees (TUPE) are proving complex and confusing for employers who are running the risk of inadvertent pitfalls, according to EEF. If employers fail to protect to keep employees informed about the transfer for example, they could face a penalty of 13 weeks pay per employee. In addition, if an employee is dismissed when a tribunal decides they should have been transferred the new employer could face a claim for almost £70,000. Publishing a guide to help companies understand their obligations under the new regulations, EEF director of employment & legal affairs, Peter Schofield, says: “TUPE is a complex and daunting area of employment law with poorly drafted Regulations which can be difficult to understand and apply. Our aim is to clearly explain the pitfalls and give practical guidance on how to avoid them.” The guide: Business Transfers and Contracting - A Practical Guide to TUPE is an essential read for HR professionals and managers with clear advice on matters they need to be thinking about prior to, during and after the transfer. The guide also: o Explains the legal complexities of the TUPE Regulations in straightforward language o Provides practical guidance to HR professionals and managers on ensuring a smooth transition o Highlights the key considerations from the perspective of both old and new employer o Contains model letters and documents The guide is priced at £60 and can be obtained from EEF online.