Should you get a p45 under TUPE?

One of the niggly little issues that often arises when there is a TUPE transfer is around the issuing of P45s (or not) to those staff whose employment has transferred. No-one’s employment has ended, so no P45s should be issued.

How long are you protected after TUPE?

TUPE regulations give some protection to your terms and conditions for an indefinite period. For example, if your new employer wants to change your terms and conditions 10 years later, they’d still need a valid reason for the change that is unrelated to the transfer.

What triggers a TUPE transfer?

In more technical terms, TUPE is only triggered when a ‘relevant transfer’ takes place. A ‘relevant transfer’ is defined under Regulation 3(1) of the 2006 Regulations as either: A business transfer, where the whole or part of a business is transferred to a new employer as a going concern.

Do I have to accept a TUPE transfer?

Do we have to accept a position with the new employer in a transfer of business? No, but if you refuse to transfer (known in the TUPE regulations as ‘objecting to the transfer’), your rights are very limited.

Does holiday entitlement transfer under TUPE?

The balance of a transferring employee’s annual leave entitlement for the annual leave year transfers to the new employer under TUPE. The transferee must allow the employee to take the balance of the leave entitlement before the end of the annual leave year.

Can my working hours be changed under TUPE?

The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations protect the statutory and contractual rights of employees who are transferred. If you’ve been transferred to a new employer, they aren’t allowed to make a change to your contract if it’s directly related to the transfer.

Can you be made redundant straight after TUPE?

If you’re made redundant after a TUPE transfer, your new employer is responsible for any redundancy pay. This includes the time you worked for your old employer before you transferred. If it’s in your contract that you carried over, you’ll also get ‘enhanced’ redundancy pay (more than the legal minimum amount).

Can I be sacked after TUPE?

Under the TUPE Regulations, where an employee is dismissed either before or after a TUPE transfer, that dismissal will be automatically unfair if the sole or principal reason for their dismissal is the transfer.

Can I refuse to transfer under TUPE?

If you do not want to transfer to the new employer, you can refuse, but you would usually have no rights to claim: redundancy pay. unfair dismissal.

Can you TUPE twice?

No, currently your terms and conditions are protected. They can be renegotiated after one year provided that overall the contract is no less favourable to the employee, your trade union will be consulted during any changes to terms and conditions.

Can a P45 be issued after a post TUPE transfer?

As You Earn) Regulations 2003 (SI 2003/2682) where Regulation 102 provides that the transfer of a business is deemed to make the transferee or employer who has inherited the employees a successor business. No-one’s employment has ended, so no P45s should be issued.

What happens at the point of TUPE transfer?

When TUPE applies, the employees of the outgoing employer automatically become employees of the incoming employer at the point of transfer. They carry with them their continuous service from the outgoing employer, and should continue to enjoy the same terms and conditions of employment with the incoming employer.

Is a P45 is required when transferring employees?

TUPE it is The employees will have their continuation rights etc carried over. An internal P45 via the payroll is needed as the scheme will be ceasing but the employees do not need a copy as technically all they would do is give it you back for new company

Can a TUPE business be transferred to another company?

TUPE business transfers may occur even where the transfer is within the same group of companies. It is possible for a transferring business (or part of it) to have just one employee. If this is a labour intensive business, there can be a TUPE business transfer. However TUPE will not apply if there