
After a TUPE transfer, it’s likely that those staff who have moved to the new employer will have different terms and conditions to the employees who already work for the new employer. What can be done about it?
Staff do not have an automatic right to the same terms and conditions as existing employees. Employers are expected to adhere to the new staff’s existing terms and conditions.
Operationally this is a challenge. Employers may find their workforce is employed under a wide range of very different terms and conditions.
Employees who transferred in several years ago may find that the employers terms and conditions have moved on whilst there own have remained static.
Employers may find it desirable to ‘harmonise’ their employees terms and conditions, that is to say change them so all staff, doing equal roles, work under the same terms and conditions. Employers can do this if it improves the terms and conditions of staff involved.
If changes to contracts are needed and the changes are needed for a reason that is not related to a TUPE transfer then this too may be possible.
HR teams and staff involved in TUPE transfers need to understand the process fully. Our courses for HR teams and Employee representatives are essential for all those involved in TUPE transfers.