TUPE offers protection to employees in the event that the company they work for becomes a new property. In such a situation, staff will also move effectively to the new organization. In many cases, the new employer may make changes to the terms and conditions of employment of workers who transfer, so that all workers (i.e. their existing employees and the resolute workers) have identical or broadly similar conditions. However, the TUPE prohibits them from doing so, except in certain circumstances. This raises the question of “how long is tupe valid?” and, in particular, the protection it offers to the transfer of employees and its existing contractual terms. After a transfer, employers often find that employees with different terms of sale work side by side and want to change/harmonize the terms and conditions. However, TUPE indefinitely protects against any change/harmonization if the only or main reason for the change is the transfer. These changes are not valid. What will happen to the collective agreements that I currently enjoy? Recent changes to the TUPE regulations for transfers on 31.01.14 or after 31.01.14 do not require the new organization to comply with these collective agreements, i.e. wage increases. The collective agreements of workers transferred before that date are protected.
Tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the employee. Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes. For a long time, it was common knowledge that tupes applied only to workers. The reason is that the regulations refer to those who “are employed under a service or training contract or in any other way, but who do not include persons who provide services under a service contract,” i.e. workers in the traditional sense of the word and not salaried workers or temporary workers. The duration of protection granted by TUPE is indeterminate; If the change in the terms of employment of a transferred worker is based on transfer, it is prohibited, even if it occurs a few years after the transfer. However, it is less likely that a worker could say that the change was made as a result of the transfer, as the period has been long since the transfer. As a worker, your right to leave is also protected, as are all previously concluded collective agreements.
You also keep your permanent job, even if you have been transferred to a new employer. Collective agreements transferred to the new employer can be renegotiated provided that 12 months or more have elapsed since the transfer and the changes do not harm the workers concerned. There is no minimum consultation period for TUPE, although it must be done “well” before transmission. Therefore, large and complex transactions involving many staff members require a longer consultation period than simpler transactions In certain circumstances, contractual changes resulting from the new collective agreements agreed by the outgoing employer should not be included after the transfer. There is no time limit for the validity of the TUPE. In theory, the terms and conditions by which someone transfers apply for an indeterminate period. As in any scenario in which an employer wishes to amend a contractual clause, the conditions transferred under the TUPE can only be changed by contract, in accordance with existing conditions or by dismissal and reinstatement.