TUPE or Transfer of Undertakings (Protection of Employment) Regulations 2006 is a set of regulations that protect employees’ rights when the business they work for transfers to a new employer. As an employee, you cannot be made redundant solely for the fact that there has been a transfer.

Where the two may be combined is if an employer still needs to make redundancies following a TUPE transfer. In that case, there must be both a genuine reason for this and a need to make changes to the workforce for Economic, Technical or Organisational (ETO) reasons.

If your employer is considering making redundancies, by law it must consult you and any colleagues who may be at risk. There needs to have been a genuine business reason if a redundancy situation has arisen.

In addition to the consultation process, employers must use fair and objective criteria when selecting employees for redundancy. This could include, for example, length of service, performance within the role and qualifications of employees. Furthermore, if you have been with the employer for at least two years, you should be entitled to a notice and statutory redundancy pay.

Should you be an employee seeking guidance, or if you wish to explore TUPE and how it may pertain to your situation, feel free to contact our Employment Law specialists at 020 7940 3907 or through emp@anthonygold.co.uk. We will be more than happy to assist you with your inquiries.