This is a detailed step-by-step guide containing the process for transferring staff in to your organisation from another entity:
- Determining whether TUPE applies
- Establishing which employees are likely to be transferred
- Consulting with representatives
- Informing and consulting affected staff
- Confirming the transfer
- Exchanging employee data
- Preparing for transfer day
- Harmonising terms and conditions
Preview only. The complete Transferring staff IN on TUPE guide text will be displayed below when you purchase either the individual document or the template pack that the document is contained in.
Transferring staff IN on TUPE
Step One: determine whether TUPE applies
As soon as we become aware that there is a potential for part of the operations of an external organisation to be transferred into us, irrespective of the number of employees involved, we will need to assess whether the transfer will be covered by the TUPE regulations. This will need to be established early, not only to ensure that all legal duties arising from TUPE are actioned in advance of the transfer taking place, but also to ensure that we gain the confidence and co-operation of the staff that may be transferring.
Step Two: establish which employees are likely to be transferred
As the new employer, immediately prior to the transfer it will be our duty to take over the contracts of employment of all employees that will transfer. In order to comply with this requirement, we will need to reach agreement with the old employer as to which employees will transfer. The old employer should provide us with a definitive list of staff that are considered to be affected by the transfer.
Step Three: consult with representatives
The old employer is responsible for consulting appropriate representatives within their organisation about the forthcoming transfer. We may also be asked to become involved in the consultation meeti
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