Settlement Agreements and TUPE: What Employers and Employees Need to Know
If you are an employer or an employee in the UK, it’s important to understand the legal obligations and protections offered by a settlement agreement in relation to a Transfer of Undertakings (Protection of Employment) Regulations (TUPE) situation.
TUPE is a complex set of regulations designed to protect employees’ rights when the business they work for is either sold or transferred to another organisation. This can happen in a variety of circumstances, such as the sale of a business, outsourcing, or a change in service provider.
When TUPE applies, employees are automatically transferred to the new owner or provider, and their terms and conditions of employment are protected. This means that the new employer must honour any existing employment contracts and cannot make any changes to them without consultation and agreement. Additionally, all employee rights and liabilities transfer to the new employer.
However, sometimes there are disputes or difficulties arising from the TUPE process. This is where a settlement agreement can be useful.
A settlement agreement (formerly known as a compromise agreement) is a legal contract between an employer and employee that can be used to resolve disputes, such as potential claims arising from TUPE. Essentially, it is a way for both parties to agree to a settlement in exchange for the employee waiving their right to bring any claims against the employer.
In a TUPE context, a settlement agreement can be used to resolve disputes over:
– Redundancy payments
– Changes to terms and conditions
– Allegations of breach of contract
– Unfair dismissal claims
It’s important to note that a settlement agreement can only be binding if certain requirements are met. For example, the agreement must be in writing, signed by both parties, and must specify the claims being waived. The employee must also receive independent legal advice before signing the agreement.
Employers also need to be aware of their obligations under TUPE when offering a settlement agreement. For example, if there is a change to an employee’s terms and conditions as a result of the transfer, the employer must consult with employees and provide them with certain information about the transfer.
Additionally, any settlement agreement offered cannot be used to avoid the employer’s obligations under TUPE. For example, if the transfer results in a redundancy, the employer must still pay the employee their statutory redundancy pay.
In summary, a settlement agreement can be a useful tool in resolving disputes arising from TUPE. However, it is important to ensure that the agreement is legally binding and meets all of the necessary requirements. Employers also need to be mindful of their obligations under TUPE when offering a settlement agreement. If you are unsure about your legal obligations or your rights under TUPE, seek legal advice.
