The TUPE rules preserve the general conditions of workers when an enterprise or part of an enterprise is transferred to a new employer. Any provision of an agreement (whether or not it is a contract of employment) is void to the extent that it would exclude or limit the rights granted under the rules. The outgoing employer is required to provide the new employer with written information about the transferring workers, including identity, age, employment data, disciplinary and claims records, workers` rights and collective agreements as well as any related rights and obligations that are transferred. This information must be provided at least 28 days before the transfer, although in practice the new employer aims to obtain this information much earlier. In certain circumstances, it is not necessary to take into account changes to the contract resulting from new collective agreements agreed by the outgoing employer after a transfer. The tariff conditions can be renegotiated after one year, provided that the overall contract is no less favourable to the worker. The collective agreements in force at the time of the transfer are also transferred to the new employer. These include working and employment conditions negotiated through collective bargaining, as well as broader agreements on labour relations. For example, the procedure of collective litigation, leave bodies, training of trade union representatives, dismissals related to negotiations or agreements on job security and flexibility of work rules. If an independent trade union has been recognised by the outgoing employer with regard to the transfer of workers, the recognition is also extended to the new employer. Since 2014, tariff conditions can be renegotiated after one year, provided that they are not generally less favourable to the worker. For example, if Armadillo plc has entered into a contract for the provision of IT services to an insurance company and then loses the contract under Bear Ltd, Bear Limited not only takes over the contract for the provision of IT services, but also inherits all Armadillo plc employees who took over the IT services to the insurance company. If Armadillo plc has not paid its salaries to its employees in recent weeks, Bear Limited inherits employee responsibility for unpaid wages in accordance with TUPE.
In addition, it may be possible to structure work and teams to either make TUPE safer or reduce the likelihood of TUPE being applied in a performance change situation. TUPE has repercussions on the employer making the transfer (also known as the outgoing employer or the beneficiary of the beech) and on the employer taking over the transfer (also known as the new employer, “new employer” or buyer). . . .