On the 6th April 2006 the revised Transfer of Undertakings (Protection of Employment) Regulations 2006 came into force.

These Regulations protect the rights of employees when their employer changes as the result of a transfer of an undertaking. When an employer seeks to buy a business, take over a contract for services or bring work “in-house”, the application of the TUPE Regulations is frequently overlooked.

Most commonly employers fail to adequately warn and consult with affected employees; seek to dismiss them either before or after the transfer, or attempt to amend their terms and conditions of employment.

Such action can lead to claims in the Employment Tribunal for compensation for failure to warn or consult; render a dismissal automatically unfair or changes to an employees contract void. Employers should seek advice at an early stage when contemplating any transfer.