The Employment Appeals Tribunal (“EAT”) held in Flowers v East of England Ambulance Trust that “normal” remuneration included voluntary overtime if it was paid over a sufficient period.
Our specialist TUPE solicitors can support your organisation with all aspects of complying with TUPE, from whether TUPE applies, to advising on pension issues, pension rights and the associated financial risks.
The Transfer of Undertakings (Protection of Employment) Regulations, which were introduced in 2006, are commonly known as TUPE. They were introduced to safeguard the rights of employees when the organisation they work for is acquired by another organisation or when there is a change in service provider.
The purpose of TUPE is to automatically transfer employees and any liabilities associated with them from the old employer to the new employer by operation of law. It is a significant and often complex piece of legislation and professional legal advice can help to manage the risks, failure to comply with TUPE can result in costly and time-consuming court proceedings.
Our TUPE advice service
Our experienced TUPE solicitors have many years of experience advising organisations on all aspects of TUPE, from deciding whether TUPE applies and advising on employee consultations to negotiating contractual agreements and implementing change post-transfer. Our health and social care sector knowledge and solution-driven approach enables us to give clear, practical advice that is tailored to your organisation's unique circumstances. We will work with you to support your organisation through periods of transfer and restructure, to minimise disruption to the workforce and ensure that you and your organisation are aware of your legal responsibilities under TUPE.
We help health and social care providers in all areas of restructuring and TUPE issues that may arise as a result, including:
- Support in determining whether TUPE applies and arguing your position.
- Advising on employee consultations and identifying measures.
- Employment liability - advice on the employee responsibilities you will be acquiring on a transfer in.
- Changes to terms and conditions following a restructure or merger.
- Negotiating contractual agreements.
- Advise on pension issues, pension rights and the associated financial risks.
Our experienced teams have extensive health and social care sector knowledge and experience to assist you and your organisation through periods of uncertainty, change and difficulty.
In a number of recent cases employment tribunals have accepted our arguments on TUPE points. For example, agreeing that employees of a learning disability service provider did not transfer to our client because of a change in the activities being carried out. In another case, accepting that a change to terms and conditions was not transfer-related.
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