Tupe Process Policy
1. Early Planning and Communication: As soon as a TUPE transfer is anticipated, start planning and communicating with all relevant parties, including employees, the outgoing employer (if applicable), and the incoming employer. Transparent communication is essential to build trust and minimize uncertainty among employees.
2. Identify Affected Employees: Identify all employees who will be affected by the TUPE transfer. This includes those employed in rolesrelated to the specific services being transferred.
3. Employee Consultation: Consult with affected employees (and their representatives, if applicable) as early as possible about the TUPE transfer. Provide clear and comprehensive information about the implications of the transfer on their employment rights, terms, and conditions.
4. Information Exchange: Exchange relevant information with the outgoing employer, such as employee details, terms of employment, and liabilities, asrequired by TUPE regulations. Ensure that all information is accurate and complete.
5. Contractual Terms and Conditions: Ensure that the incoming employer honors the existing contractual terms and conditions of the transferring employees. The incoming employer cannot make changes to the transferred employees’ terms without a valid economic, technical, or organizational reason (ETO reason) that would entail changes in the workforce.
6. Employee Transfers: Facilitate a smooth transfer of affected employees to the incoming employer. This includes ensuring the accuracy of employee data, coordinating any necessary payroll changes, and ensuring continuity of employment.
7. Employee Rights Protection: Ensure that all the rights and protections conferred by TUPE are upheld during and after the transfer. This includes maintaining continuity of employment, honoring any collective agreements, and protecting employees against unfair dismissal related to the transfer.
8. Employee Induction and Support: Provide induction and support to the transferred employees, helping them integrate into the new organization smoothly. Address any concerns they may have during the transition.
9. Compliance with Legal Requirements: Ensure that the TUPE transfer is carried out in full compliance with TUPE regulations and other relevant employment laws. Seek legal advice if needed to ensure compliance.
10. Record-Keeping: Maintain comprehensive records of all activities related to the TUPE transfer, including consultation processes, information exchanges, and employee communications.
11. Post-Transfer Evaluation: Conduct a post-transfer evaluation to assessthe effectiveness of the TUPE transfer process and identify any areas for improvement in future transfers.