First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

Do fixed term (long term absence) employees transfer in a TUPE scenario?

Posted in: First Tuesday Q&A NI on 02/09/2014 Anyone “employed by the transferor and assigned to the organised grouping of resources or employees that is subject to the relevant transfer, which would otherwise be terminated by the transfer” will transfer under TUPE. Under a TUPE transfer, all of the transferor's "rights, powers, duties and lia...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

We want to take a security contract in-house but the work is going to be absorbed into our employees’ roles rather than being stand alone roles. Would this avoid TUPE applying?

Posted in: First Tuesday Q&A NI on 07/05/2013 The relevant TUPE legislation here is the Service Provision Change (Protection of Employment) Regulations (NI) 2006. Under these Regulations, where an activity is carried out on a client’s behalf and this activity is then carried out by the client itself, TUPE is likely to apply. To give a view o...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE)

As part of a restructuring programme, is it possible to reduce an employee’s responsibilities and status (i.e. lower grade job title) while leaving their base pay unchanged? Could this be viewed as a demotion?

Posted in: First Tuesday Q&A NI on 05/02/2013 It would be helpful to know the background to this situation including, for instance, whether the restructuring involves redundancy, reorganisation and/or TUPE. While making these changes is possible, these factors could impact on how the changes are made and/or if so, whether they remain valid. Re...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment Transfer of Undertaking (TUPE)

Does an employer have to honour the terms of a collective agreement inherited in a TUPE situation?

Posted in: First Tuesday Q&A NI on 03/01/2012 In a TUPE situation, collective agreements can transfer from the old employer to the new employer. It’s important that the new (transferee) employer is aware of a collective agreement as it can affect a variety of contractual employment terms of transferring employees such as pay scales, pay rises,...
This article is listed under the following topics:
Collective and Trade Union Issues Transfer of Undertaking (TUPE)

Under TUPE, can you:

  1. introduce a smart dress code to transferring staff?
  2. generally introduce your policies/procedures to transferring staff?

Posted in: First Tuesday Q&A NI on 05/04/2011 This question involves the permissibility of variations to the employment terms of transferring staff. In this case, this will depend upon whether the new employer (transferee) intends to amend the contractual provisions of incoming employees' employment contracts, or to simply set out a non-contra...
This article is listed under the following topics:
Contracts of Employment Transfer of Undertaking (TUPE) Policies and Procedures

Does TUPE apply in circumstances where a company goes into voluntary liquidation and its business is closed with all employees being made redundant and then a buyer is subsequently found for the business, for example, a month or two later? Do the employees automatically transfer to the new owner?

Posted in: First Tuesday Q&A NI on 01/02/2011 Where a company is the subject of “bankruptcy or analogous insolvency proceedings” instituted with a view to liquidating its assets under the supervision of an insolvency practitioner, the employees will not be accorded the normal protections under TUPE in respect of the automatic transfer of their...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)

In relation to service provision changes under TUPE, how is ‘principal purpose’ of an employee determined? Is it a percentage of time spent on a job or a client’s account etc?

Posted in: First Tuesday Q&A NI on 02/11/2010 Service provision changes are governed by the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (the “Regulations”). In order to fall within these Regulations: “immediately before the service provision change: (i) There is an organised grouping of employees sit...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

When does it become acceptable [timeframe] to align salaries, working hours etc after a TUPE Transfer so that all workers are treated to the same? We have recently had a transfer and there are members of staff working all different times on different rates. Other staff working longer hours are getting very aggrieved about this to the point where I can see it becoming a formal complaint in the near future.

Posted in: First Tuesday Q&A NI on 05/10/2010 The short answer is never! Post-transfer harmonisation of terms and conditions of employment will almost always be because of the transfer itself and will, therefore, not amount to a permitted change under TUPE, being an economic, technical or organisational (ETO) reason connected with the transfer...

Is it possible to buy-out redundancy or other terms of employment in a TUPE transfer situation? What process applies and how might you structure the buy-out?

Posted in: First Tuesday Q&A NI on 05/01/2010 This is tricky territory indeed! Without meaning to fence sit, we recommend that you to seek specific legal advice on your options for dealing with this situation. Basically, it is very difficult to change an employee’s terms of employment if the reason for the change is linked to a TUPE transfer. ...
This article is listed under the following topics:
Redundancy and Reorganisation Transfer of Undertaking (TUPE)