Do Non Contractual Policies Transfer under Tupe
When a business is sold or transferred, employees are often concerned about their rights and job security. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) were introduced to protect the rights of employees in such situations. However, it is still unclear whether non-contractual policies transfer under TUPE.
Non-contractual policies are policies that are not included in an employee’s contract of employment. They may include procedures for dealing with grievances, sickness absence, or disciplinary issues. These policies are usually set out in an employee handbook or a separate document.
Under TUPE, employees’ contracts of employment transfer from the old employer to the new employer. This means that the new employer is bound by the terms of the existing contract. However, it is still uncertain whether non-contractual policies also transfer.
In general, non-contractual policies do not transfer under TUPE. This means that the new employer is not bound by the policies that were in place before the transfer. However, there are some exceptions to this rule.
If a non-contractual policy has become so well established that it has formed part of employees’ contractual terms, then it may transfer under TUPE. This may be the case if the policy has been in place for a long time and has been consistently applied.
Another exception is where the new employer agrees to adopt the existing policies. In this case, the policies would transfer and become binding on the new employer.
It is important for employees to be aware of their rights and the policies that apply to them. If a non-contractual policy is important to an employee, they should raise it with their employer before a transfer takes place. This will give the employer the opportunity to agree to adopt the policy.
In conclusion, non-contractual policies do not automatically transfer under TUPE. However, there are some exceptions to this rule. Employees should be aware of their rights and the policies that apply to them, and should raise any concerns with their employer before a transfer takes place.