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The importance of TUPE compliance


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An Employment Appeal Tribunal (EAT) decision has reminded companies of the need to use the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) when transferring the employment of their staff to another employer, Carvill & Johnson reports.

Birmingham based solicitors Carvill & Johnson, state that the ruling surrounded the transfer of a contract of employment which did not take place under TUPE, and therefore was not valid without the consent of the employee – which was not given.

Consequently, as the employee was not legally moved to the new firm, she is able to bring further discrimination claims against the original employer.

Had TUPE applied, the handover would have been automatic and, although the employee would have been able to object, this would have resulted in the original contract being terminated without compensation.

The Birmingham solicitors conclude that consequently, any employers who are considering non-TUPE transfers of employment contracts, such as within a group of companies, will need to ensure they obtain the employees’ consent before taking further action.

Carvill & Johnson is a well-established firm of solicitors based Birmingham. We will be happy to help so please do not hesitate in contacting us. We provide various services; please visit our website for more information. We have further news and updates on our website which we constantly update. Our website also provides you with access to our online resource centre, where you will find helpful forms, factsheets and calculators to aid you. Details of all our services and our location in Birmingham can also be found on our website, . If you would rather talk to us directly, please call us on 0121 476 9000.

Birmingham solicitors with over 20 years’ experience as a provider of legal services, a team of four partners and ten lawyers, Carvill & Johnson can offer you the specialised legal skills that you require. In addition, Carvill & Johnson have a contract with the Legal Services Commission enabling us to carry out legal aid work for matters relating to separation, divorce or children. The Birmingham solicitors once again this work is supported by our experienced staff for complete peace of mind that you are getting the best support for your needs.


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