What protections do employees have under TUPE?
The effect of a TUPE transfer is that the employment contract continues in full force and effect so that, for example continuity of employment is preserved. After a transfer it is as if the employees had always been employed by the new employer. The effect is that the new employer has the same rights and obligations in relation to the employees that the transferor had. Accordingly, terms and conditions of employment including pay are preserved by TUPE. Furthermore individual’s contracts of employment are governed by collective bargaining (for example pay increases). That position will continue unless and until the contract of employment is varied with the agreement of the employee.
