Guide to harmonising terms and conditions after TUPE

What is this for?

The purpose of the guide is to provide information and guidance to employers in the UK who have undergone a Transfer of Undertakings (Protection of Employment) Regulations (TUPE) transfer. Specifically, it focuses on the harmonisation of terms and conditions for employees affected by the transfer.

The guide aims to:

1. Provide an overview of the key considerations and steps involved in harmonising terms and conditions after a TUPE transfer.

2. Help employers understand the importance of harmonisation for creating consistency and fairness among the affected workforce.

3. Offer guidance on reviewing existing contracts and policies, identifying discrepancies, and complying with legal obligations during the harmonisation process.

4. Emphasise the need for consultation with employee representatives and transparent communication with affected employees.

5. Encourage employers to prioritise fairness and equality while developing a harmonisation plan and addressing potential challenges.

6. Highlight the significance of monitoring and addressing any unintended consequences or issues that may arise during the implementation of the harmonisation plan.

By following the guidance provided in this document, employers can navigate the process of harmonising terms and conditions effectively, ensuring a fair and consistent working environment for all employees involved in the TUPE transfer.

• Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): The guide considers the need to understand the TUPE transfer and its implications on terms and conditions, providing a foundation for the harmonisation process.

• Equality Act 2010: The guide highlights the importance of prioritising fairness and equality during harmonisation, considering protected characteristics and avoiding discriminatory practices.

• Employment Rights Act 1996: The guide encourages employers to review existing contracts, policies, and benefits in compliance with this act and ensures any proposed changes align with legal obligations.

• Working Time Regulations 1998: The guide emphasises the need to review working hours and holiday entitlements, addressing any discrepancies and ensuring compliance with these regulations.

• National Minimum Wage Act 1998: The guide reminds employers to consider pay rates and ensure compliance with the minimum wage requirements when harmonising terms and conditions.

• Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 and Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002: The guide highlights the importance of treating part-time and fixed-term employees fairly and consistently during the harmonisation process.

• Trade Union and Labour Relations (Consolidation) Act 1992: The guide emphasises the need for meaningful consultation with employee representatives, such as trade unions, during the harmonisation process.

• Employment Equality (Age) Regulations 2006 and Disability Discrimination Act 1995 (DDA) and Equality Act 2010 (EA): The guide considers the importance of complying with these acts, ensuring no discriminatory practices are applied when harmonising terms and conditions based on age or disability.

• Data Protection Act 2018 (DPA) and General Data Protection Regulation (GDPR): The guide encourages employers to handle employee data in accordance with these acts and maintain confidentiality during the harmonisation process.

By considering and addressing these various employment legislations, the guide helps employers navigate the harmonisation process in compliance with the relevant UK laws.