Business transfers, takeovers and TUPE

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Insolvent businesses

If the employer is insolvent and the business is being transferred or taken over by another company, the protection employees get is different from in a normal transfer.

The employees are unlikely to be protected under TUPE if the business is closing down. However, TUPE regulations will normally apply if it바카라 사이트™s being rescued and taken over or transferred.

If employees are owed money

Employees have rights if their employer is insolvent and owes them money. Employees can claim for this whether they바카라 사이트™re protected under TUPE or not.

In a TUPE-protected transfer, the new employer must pay any amount left over after employees have been paid from the government바카라 사이트™s National Insurance fund.

Changes to employees바카라 사이트™ terms and conditions

Employees바카라 사이트™ pay can be reduced or their other terms and conditions changed after the transfer. This is allowed if it will prevent job losses.

Any changes must be agreed with employee or trade union representatives.

Any agreement cannot break statutory employment rights. For example, employees cannot be paid below the National Minimum Wage.

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