What is TUPE?
TUPE refers to regulations that protect your employment rights when the business you work for is transferred to a new employer. These laws ensure that your contract terms and conditions remain the same under the new employer.
Step 1: Notification of Transfer
Formal Communication
- You will be informed by Citrus that your role is being transferred to a new company under TUPE regulations.
- The new company will also introduce itself and outline any details about the transfer process.
Employee Consultation
- A consultation may be held to explain why the transfer is happening and what it means for you.
- If you are part of a union or have employee representatives, they may attend these consultations.
Step 2: Rights Protected by TUPE
Under TUPE, the following aspects of your employment are protected:
- Employment Contract
Your job title, salary, benefits, working hours, holiday entitlement, and other terms of employment must remain unchanged after the transfer. - Continuous Employment
Your length of service with Citrus will be carried over to the new company. - Pension Rights
While occupational pensions aren’t fully protected under TUPE, comparable pension arrangements may be provided.
Step 3: Transfer Process
Handover Period
- Citrus and the new company will work together to ensure a smooth transition.
- Your employment details (e.g., contracts, payroll information) will be transferred securely to the new company.
Introduction to the New Employer
- The new company may arrange an induction or meeting to introduce you to its culture, policies, and management.
Step 4: After the Transfer
Your Day-to-Day Role
- You will continue performing your duties as outlined in your contract, but under the management of the new company.
- Any changes to your role must follow proper consultation and agreement processes.
Adjusting to the New Company
- You might need to adapt to new systems or policies introduced by the new company.
- Training or onboarding sessions may be provided.
Step 5: If You Have Concerns
If you’re unhappy with the transfer or believe your rights have been violated:
- Speak to Your Manager or HR
- Raise your concerns with Citrus or the new company to seek clarification or resolution.
- Seek Advice
- Contact ACAS (Advisory, Conciliation, and Arbitration Service) or a legal professional for advice on TUPE rights.
- Refuse the Transfer
- You have the right to refuse the transfer, but this is treated as a resignation, and you won’t usually receive redundancy pay. We will always try to find you other work if you want to stay with citrus but this is not guaranteed
What Doesn’t Change?
- Your employment status remains intact.
- Your rights to redundancy remain the same if redundancies are planned in the future.
What Can Change?
- The new employer might propose changes after the transfer, but these must be negotiated and agreed upon and can only happen for economic, technical, or organisational reasons (ETO).
To discuss more speak to our HR team on 02393 6000 03