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If your employment contract is terminated due to a transfer that substantially worsens your working conditions, your employer is considered responsible for the termination.

Follow the precise legal requirements surrounding information and consultation , including due diligence and the supply of employee liability information to the incoming employer at least 28 days before the transfer. If you are involved in a transfer that is covered by TUPE, you should be guaranteed that your job and employment terms and conditions (apart from occupational pension schemes) transfer over. Your length of service ('period of continuous employment') with your old employer will also transfer to the new employer. This means your start date is the same as it was before the transfer. Your terms and conditions of employment Has there been a transfer of tangible assets such as building and moveable property (although this is not essential)?

If you have not been told about a TUPE transfer 

D etails of any legal action brought against the old employer by any of the transferring employees during the last two years . The supply of goods for the client's use (for example, supplying food to sell in a client's staff canteen, rather than the contractor running the canteen for the client). Your current employer must provide your new employer with specific information about you. This is known as 'employee liability information' (ELI).

Employers need to deliver the commercial aims of a transfer with minimal disruption to their business for both potential business transfers and service provision changes. If the core assets of a business transfer to an incoming employer who will operate essentially the same kind of business activity, TUPE is likely to apply. For labour-intensive businesses such as cleaning, a business transfer may just involve one member of staff. Structuring a transaction differently may enable TUPE to be avoided, but employers cannot just agree that the regulations will not apply. Multiple transferees

When preparing for the transfer

a Public Private Partnership (PPP) – public sector organisations and private sector companies work together; The employee liability information provided at least 28 days prior to the transfer of staff to the new, incoming employer may need to include workers as well as employees. This is where a business or part of a business moves from one employer to another. This can include mergers where 2 companies close and combine to form a new one. Both employees and self-employed workers will pay less in National Insurance from next year, Chancellor Jeremy Hunt has announced in today's Autumn Statement. In addition, the activities undertaken must be essentially the same after the transfer as they were before it.

Employers are required to provide representatives of employees affected by transfers of ownership with specific information about a proposed TUPE transfer sufficiently in advance to allow voluntary consultation to take place. Strictly speaking certain pension rights do not transfer under TUPE. However, if the previous employer provided a pension scheme, the new employer must provide some form of pension arrangement for those eligible. It does not have to be the same as the previous employer's arrangement provided but must meet the minimum standards required. TUPE+ helps combat the emergence of a two-tier workforce, where new employees have less favourable conditions and pay than employees transferred from the public sector. Read more about two-tier workforces Employees who feel involved in the process from an early stage are less likely to resist the transfer , disrupt business activity or bring TUPE-related claims. Assess whether there are any alternative methods of proceeding with the transaction and make a commercial decision balancing the benefits and risks. The price of the contract or business will be dictated by balancing the potential profits and gains against actual and potential liabilities.

If the main reason for a contract change is not the transfer

the transfer of any potential employment claims against the outgoing employer. For example, if a transferring employee has a potential discrimination claim against Consultation obligations must be taken seriously – a tribunal can award up to 13 weeks’ pay per employee for a failure to consult .

In service provision changes where the activities carried out by the original contractor are fragmented following a retendering, TUPE may not apply, especially if the employment contract cannot be divided, or it is hard to see which new contractor the employee transferred to. If the transferred services no longer retain their identity after the transfer, TUPE may therefore be avoidable. This will depend on the way services are being performed and whether they are no longer fundamentally the same as the pretransfer services because they are now too fragmented. However, case law increasingly suggests splitting the contract should be possible even in complex cases.

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TUPE applies if there is a transfer of an 'economic entity that retains its identity'. This can be determined by asking: Your current employer may decide to offer you an alternative job. If they do and you accept, your length of service ('period of continuous employment') will continue if the new role starts before the date of the transfer. Your employer will tell the new employer you will no longer be transferring. The incoming employer will inform and consult on any planned measures towards the employees after the transfer, considering any implications of the employees’ terms and conditions of employment including pensions.