TUPE

When a business changes owner, its employees may be protected under the Transfer of Undertakings (Protection of Employment) regulations (TUPE).

TUPE protection

TUPE applies to employees of businesses in the UK. The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK. The size of the business doesn’t matter.

When TUPE applies:

  • The employees’ jobs usually transfer over to the new company - exceptions could be if they’re made redundant or in some cases where the business is insolvent
  • Their employment terms and conditions transfer
  • Continuity of employment is maintained

This is particularly relevant for Companies who take over a Business which has already has a Sponsor Licence and Migrant Staff. Five Star has helped many Businesses through the procedure of either arranging the Transfer of Employment under TUPE from one Employer and Sponsor to another or the Transfer of Employment under TUPE from one Employer and Sponsor who has a Licence to a new Employer without a Sponsor Licence

In this case the new Employer needs to submit a Sponsor Licence Application to ensure that TUPE is applied to Migrant Staff to maintain their right to work without having to submit a Change of Employment application.

Please feel free to contact us if you would like assistance.