In this episode 246 of the podcast I bring you the final episode in this mini series all about TUPE, and today we cover the frequently asked questions (FAQ’s) about all things TUPE.

This is episode 5 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover the following questions

• Can you change employee terms so that they are the same as your existing employees?
• When can you make changes to employee contracts?
• Can you make changes to terms if a couple of years have passed?
• What happens to employee holiday entitlement when they transfer?
• What if the client decides they no longer want the service we provide and do not appoint a new provider or bring the work in-house?
• What if TUPE does not apply to a particular employee but the transferor and transferee agree for them to transfer?

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights

Episode 3 – Automatic Unfair Dismissal

Episode 4 – The legal duty to inform and consult

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 245 of the podcast I bring you the details of the obligations for transferee employers to provide information to the transferor about employees, and the obligations to inform employees and in certain circumstances to consult with employees before they transfer.

This is episode 4 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

• The requirement to provide employee liability information for the incoming employer.
• When you may have to provide employee information under the terms of your contract with a customer.
• Who employers need to inform about a transfer.
• When employers need to elect employee representatives.
• When an employer can inform employees directly.
• When the obligation to consult with employees arises.
• Practical steps to plan ahead and ensure compliance with legal obligations.

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights

Episode 3 – Automatic Unfair Dismissal

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £225 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment.

This is episode 3 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

• The additional protection from unfair dismissal as a result of a transfer.
• When the automatic unfair dismissal right applies.
• The required length of service to bring a claim for automatic unfair TUPE dismissal.
• The defence to a claim for automatic unfair dismissal under TUPE.
• What economic, technical and organisational reasons have been successful defences.
• When a dismissal is not linked to the TUPE transfer.

Episode 1 – Introduction to TUPE

Episode 2 – Employee Rights

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 243 of the podcast I bring you a run down of the key employee rights under TUPE when there is a transfer of their employment.

This is episode 2 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

• The automatic transfer of employment principle.
• How to determine which employees fall into the organised grouping that transfer.
• Employee right to object to the transfer.
• What happens when an employee objects to the transfer.
• What happens to employee continuous service on transfer.
• How to deal with employee terms and conditions on transfer.
• When a change to terms is void.
• The exceptions to making changes to employee terms after a transfer.

Episode 1 – Introduction to TUPE

Learn how to create a safe & respectful workplace by attending our online Sexual Harassment Prevention Training for Managers.

Online training – 26th March 2025 from 9:30-11am

Book now here:

https://www.eventbrite.co.uk/e/sexual-harassment-prevention-training-for-managers-tickets-1204886119819?aff=oddtdtcreator

90 minute training session for Managers £75 plus VAT.

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 242 of the podcast I bring you an introduction to the law on the transfer of undertakings (protection of employment) regulations, also known as TUPE.

This is episode 1 of a mini series covering the key details you need to know about TUPE.

In this episode of the podcast we cover:

• What TUPE is.
• The background to the legislation.
• The purpose and effect of TUPE regulations.
• When TUPE will apply.
• What a Business Transfer is and how to identify if TUPE applies.
• What a Service Provision change is and how to identify when TUPE will apply to a Service Provision Change.

Learn how to create a safe & respectful workplace by attending our online Sexual Harassment Prevention Training for Managers.

Online training – 26th March 2025 from 9:30-11am

Book now here: https://lnkd.in/e7ME3EKZ

90 minute training session for Managers £75 plus VAT.

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 241 of the podcast I discuss what it is like to have toxic or negative employees on your team. Those employees who bring everyone down, and in some cases relish making life difficult for their manager, supervisor or employer, are very tricky to deal with and require really strong management and proactive management even when it is difficult.

In this episode of the podcast we cover:

• How to identify those toxic employees.
• What you do with employees who are constantly negative.
• The impact these toxic employees can have on the rest of the team.
• How toxic employees can, in extreme cases, make employers afraid to attend at their own business!
• The steps you can take to address the issue of a toxic or negative employee.
• Why you need to address negative or disruptive behaviours early on.
• Why approaching difficult conversations with kind candour will help you overcome your fear.
• Example cases where employees have been dismissed due to their negative or disruptive behaviours.

Dangerfield v Red Bull Technology Limited

O’Hare v Q D Services Ltd

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 240 of the podcast I bring you a rundown of when you may be able to recover your costs if you are successful in making a claim or defending a claim in the Employment Tribunal.

In this episode of the podcast we cover:

• What you need to know to avoid having a costs order made against you.
• When you may be at risk of having to pay the other party’s costs.
• When a costs award may be made
• What the Employment Tribunal will consider when they are deciding whether to make a costs award.
• If costs can be awarded against someone who does not have a legal representative.
• If costs will be awarded against you if you do not have the money to pay.
• What vexatious, abusive or disruptive conduct is.
• Why unreasonable conduct in the bringing or defending a claim can lead to you having to pay costs.
• What the Employment Tribunal will consider when determining if a case has no reasonable prospects of success.
• The type of costs order that can be made.
• The amount of costs that you can recover.

Hargreaves v Evolve Housing and Support (2024)

Clements v Secretary of State for Justice (2021)

Legge v Environment Agency [2024] 3 WLUK 616

Vaughan v London Borough of Lewisham and others UKEAT/0533/12

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw

In this episode 239 of the podcast I bring you a reminder of the without prejudice rules and section 111A protected discussions and the importance of following a process when you are making an offer to an employee. Equally if you are an employee engaged in discussions why your behaviour can also come under scrutiny. The case we are covering is Gallagher v McKinnon’s Auto and Tyres.

In this episode of the podcast we cover:

• What the common law ‘without prejudice’ rules are and when they apply.
• What improper behaviour is in the context of without prejudice discussions.
• What the Section 111A Employment Rights Act 1996 is and when it applies.
• Why employers should follow the ACAS code of practice on settlement discussions.
• My tips for dealing with settlement discussions in a way that avoids any improper behaviour.
• The facts the case Gallagher v McKinnon’s Auto and Tyres and the decision of the Employment Appeal Tribunal.

Settlement Discussions & Settlement Agreements

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw