Your employment terms and conditions should be protected under TUPE even if you are employed by a company that provides services to another company under a contract. Autumn Statement: State pension confirmed to rise by 8.5% from April 2024 – while some benefits will go up by 6.7%

If your new employer does not meet the terms of your employment contract, it's a breach of contract and you might be able to make a claim to an employment tribunal. Transferring your pension Liabilities that transfer from the outgoing employer to the new one include all statutory and contractual rights, including: TUPE+ also aspires to include the following fair employment policies, achieved by unions negotiating with the employer:If you have a personal pension, your pension rights will automatically transfer to your ne TUPE provides protection to employees in the event that the business they work for transfers to new ownership. In such a situation, the employees will effectively transfer over to the new organisation, too. Employers are able to vary the transferring employees’ terms and conditions of employment in certain circumstances. These are not straightforward and legal advice should always be sought if you are involved in a TUPE transfer and/or wish to change the terms and conditions of the transferring employees. TUPE also covers service provision changes where a person ceases to carry out activities on their own behalf and instead the activities are carried out by another person on their behalf (or in reverse). Under changes to TUPE introduced in early 2014, activities carried after the change in service provider must be fundamentally the same as those that were carried out by the person who ceased to carry them out. Employers must consult employee representatives about anything to do with the transfer that would affect the employees (for example reorganisation). They should try to gain agreement about these changes. Trade union representatives

If your employment contract is terminated due to a transfer that substantially worsens your working conditions, your employer is considered responsible for the termination. Incoming employers should get as full a picture as possible of the pension rights of transferring employees at the due diligence stage.

Some transfers will fall into both categories, so there can be both a business transfer and a service provision change at the same time. Where there are two or more transferee employers following the transfer, there can be an extra layer of complexity (see the section on multiple transferees ). According to the Transfer of Undertakings (Protection of Employment) Regulations 2006 , TUPE applies to a business transfer if there is the transfer of ‘an economic entity which retains its identity’. An economic entity means an organised group that is pursuing an economic activity. The outgoing employer should invite the incoming employer to collaborate over employee matters. For example, the incoming employer could meet with the affected employees and their union or other representatives. Most occupational pension scheme rights are completely excluded from TUPE, so pension rights do not automatically transfer with transferring employees. Employers do have to arrange certain minimum pension provision under pension legislation that is separate from TUPE.

The problem with pre-transfer dismissals is that, to be fair, there must be an ETO reason entailing changes in the workforce. The reasons must relate to the future conduct of the business. The outgoing employer might not know enough about the future conduct of the business. Therefore, the pre-transfer dismissals may be automatically unfair. Liability for any claims for premature dismissals will pass to the transferee under TUPE. A ll the information contained in the transferring employees’ written contracts of employment (also known as statements of particulars)Employers can renegotiate terms and conditions in collective agreements after 1 year if the change is not less favourable to the employee. Pension rights An incoming employer can make redundancies post-transfer if these are for an ETO reason. Again, the employer must be able to show that a true ETO reason exists and that it is not just a smokescreen to enable them to streamline the workforce after the transfer has taken effect. The proper redundancy processes must also be followed. Sachin is a new assistant in Broadway’s business development division. He asks Liv for advice concerning a prospective new client of Broadway. A change of contractors is not a transfer of an undertaking. So, if a new service contractor takes over a contract from your employer, you generally won’t have the right to transfer to the new contractor under TUPE.

At the point of transfer to Broadway, the previous employer paid wages for the first week of the month up to the transfer date. So the employees were paid early rather than at the end of the month, which would be the employees’ normal pay day. This just happened and was not consulted on. the transfer of any potential employment claims against the outgoing employer. For example, if a transferring employee has a potential discrimination claim against

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If you are not part of a union, you must get the information in writing from your employer no later than 30 days before the transfer. identify what rights under the scheme they may have that do not constitute “old age, invalidity or survivor’s benefits”;