Has your employer recently merged or been taken over? Has your new employer sought to unreasonably change the terms and conditions of your employment?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) sets out the rules that apply in order to protect employees’ rights when the company they work for merges or is taken over by another organisation, which in turn becomes their new employer.
Claims arising out of a TUPE transfer can be complicated and an employer’s failure to adhere to the TUPE Regulations can give rise to various employment claims, including unfair dismissal if an effective transfer has failed to take place. If however an effective TUPE transfer has taken place, then you may still have a claim if:
- the ‘new employer’ tries to vary your contract;
- the ‘new employer’ tries to dismiss you because of the transfer itself, or for a reason related to the transfer (and you have more than 2 year’s service);
- you resign because of constructive dismissal or detrimental working conditions; or
- the employer does not inform and/or consult with you appropriately about the transfer.
If your employer has recently changed hands and feel you have been subjected to a detriment as a result we can provide expert advice and assistance in order to assess as to whether you may have a potential claim.
If you would like to talk in confidence to one of our experienced solicitors or have any questions about your employment rights then please call us on 01268 240000 or email us at employment@palmerslaw.co.uk.
