Transfer Of Undertakings Solicitors Leeds

Protecting The Employees’ Rights

A TUPE solicitor is employed to protect employees’ rights during the transition or transfer of a business. It’s the TUPE solicitor’s responsibility to fairly manage of the automatic transfer of employment and the employee’s contracts. Contracts are subject to employee’s right of objection and exclude certain rights in relation to occupational pension schemes.Wherever employees were previously dismissed by the transfer or in connection to the transfer, your solicitor will oversee any transfer of liability. Any dismissal will automatically be rendered unfair if the reason was due to the transfer. There are exceptions for dismissal; these can involve economic, technical or organisational reasons.A TUPE solicitor should provide regular information about the transfer of the business by holding meetings with the employees or their representatives.They will oversee the transfer of employee information and liabilities to the transferee (the new owner) from the transfer or (the previous owner). They will also provide any variation to contracts when a transfer is performed in some cases of insolvency. For solvent transfers, very few reasons merit changes to contracts.If considered relevant, a TUPE solicitor may transfer the connection or representation of employees to an alternative trade union, or transfer agreements between trade unions and employees where appropriate.

Obligation To Inform And Consult

TUPE laws require the transferring employer to provide updates to all employees of the date, reason and the legal, economic and social implications of the transfer that will affect all employees.New employers hold a legal duty to employees, to inform them of updates throughout the process. Any changes or additional measures arising from the business transfer must,therefore,be discussed with a representative of the employees.TUPE provides protection to employees against dismissals not conforming to traditional employment law. All employees holding the qualifying period of service(generally accepted to be of 2 years) will be protected by the laws of unfair dismissal, in relation to the transfer of the business.

Raising A Claim

Employees who feel they are being dismissed unfairly due to the transfer of the business are entitled to raise an employment tribunal claim on the grounds of unfair dismissal. The claim must be raised within 3 months of the dismissal date.Any failure to keep employees or their representatives informed about the transfer and also of proposals that may affect the employees can carry a compensation award of up to 13 weeks pay for each employee.Our ESL team of Transfer Of Undertakings Solicitors will manage your claim with both professionalism and sensitivity, and always in accordance with your legal rights.