WHAT DOES A TUPE TRANSFER MEAN Sample Clauses

WHAT DOES A TUPE TRANSFER MEAN. It means that the new employer (usually an incoming contractor) takes over the employees already assigned to the works/services at the time of transfer, along with the old employer's rights, powers and duties in respect of those employees (Regulation 5). From the time of transfer, the employees will work for the new employer. The employees will transfer to the new employer on their existing terms and conditions of employment which must be respected by the new employer. An employee can object to a TUPE transfer to the new employer and if they refuse to transfer, that employee terminates their contract of employment (and cannot claim unfair dismissal). (Regulation 5). Collective Agreements made between the old employer and the Trade Union(s) transfer to the new employer (Regulation 6) and the new employer has to recognise the Trade Union(s) to the same extent as the old employer (Regulation 9). To ensure fair treatment of all employees engaged on the Council’s works/services, the new Code will require the new employer to offer his newly recruited employees (i.e. those working alongside transferred employees on the Council works/services) terms and conditions of employment that are no less favourable than those of transferred employees. This does not mean they must be the same but the new employer must consult the relevant recognised Trade Unions on them.
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