Barnet UNISON Member Briefing: Understanding TUPE Transfers.

Anti - Racism, Austerity, Local, News, Recruitment, Solidarity, UNISON Campaign

1.What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. It’s a law that protects your job, pay, and rights if your employer changes—whether due to outsourcing, bringing services back in-house, or changing contractors.

If you’re being transferred to a new employer, your contract of employment moves with you.

 

2. Key Protections Under TUPE

✅ Your job transfers automatically to the new employer
✅ Your terms and conditions stay the same, including pay, hours, holiday, and sick leave
✅ Your continuous service is protected – no reset on your length of service
✅ Unfair dismissal protections – you can’t be dismissed because of the transfer
✅ Trade union recognition can continue, depending on the situation.

 

3. What Can the New Employer Change?

✋ The new employer cannot make changes to your contract just because of the transfer.
Changes are only lawful if there is a valid economic, technical, or organisational (ETO) reason and you agree to it.

Examples of ETO reasons:

  • Economic: loss of funding
  • Technical: new IT systems
  • Organisational: restructuring of teams

📢 Your Rights During the Consultation Process

Under the law, the employer must:

  • Inform UNISON (your union) in writing about:
    • The fact and date of the transfer
    • The reasons for it
    • Any impact on staff (legal, economic, social)
    • Any proposed changes or ‘measures’
  • Consult with UNISON before any changes happen

🗣️ You have the right to:

  • Be kept informed through your union
  • Ask questions and raise concerns
  • Be represented by UNISON in any meetings

 

TUPE Frequently Asked Questions

Q: Will I lose my job?

No, not automatically. Your job transfers to the new employer. However, if the new employer proposes redundancies for valid business reasons, they must follow a fair process.

 

Q: Can they reduce my pay or holiday?

No. Your contractual terms transfer with you. They can’t change them just because of the transfer.

 

Q: Do I have to accept the transfer?

You can object, but:

  • You will be treated as if you resigned
  • You won’t usually get redundancy pay

UNISON strongly advises you to speak to your rep before making any decision.

 

Q: Will I still be in a union?

If UNISON is recognised in the new organisation, recognition should continue. If not, we’ll support you in seeking recognition or retaining collective bargaining rights.

 

Q: What if they say there are ‘measures’ after the transfer?

Any proposed changes (called “measures”) must be consulted on in advance. Examples include:

  • Changes to rotas
  • New reporting structures
  • Office relocations

UNISON will push back on any negative or unfair proposals.

 

What You Should Do Now

🔍 Stay informed – check your emails or noticeboard for updates
🤝 Talk to your UNISON rep with questions or concerns
📝 Make notes of anything you are told in meetings
📢 Speak up early if something doesn’t seem right

📬 Contact Your UNISON Rep

If you have any concerns about the TUPE transfer, changes to your job, or the consultation process, contact your rep immediately. We’re here to defend your rights.

Or contact the branch at contactus@barnetunison.org.uk

End.