TUPE offers protection to employees in the event that the company they work for becomes a new property. In such a situation, staff will also move effectively to the new organization. In many cases, the new employer may make changes to the terms and conditions of employment of workers who transfer, so that all workers (i.e. their existing employees and the resolute workers) have identical or broadly similar conditions. However, the TUPE prohibits them from doing so, except in certain circumstances. This raises the question of „how long is tupe valid?” and, in particular, the protection it offers to the transfer of employees and its existing contractual terms. If your employer wants to change your terms of employment, this is allowed as long as you agree. For example, your employer may increase your leave to be a standard amount for all employees across the company. For a long time, it was common knowledge that tupes applied only to workers. The reason is that the regulations refer to those who „are employed under a service or training contract or in any other way, but who do not include persons who provide services under a service contract,” i.e. workers in the traditional sense of the word and not salaried workers or temporary workers. There is no time limit for the validity of the TUPE.
In theory, the terms and conditions by which someone transfers apply for an indeterminate period. As in any scenario in which an employer wishes to amend a contractual clause, the conditions transferred under the TUPE can only be changed by contract, in accordance with existing conditions or by dismissal and reinstatement. However, this is not recommended to cause changes immediately after a TUPE. After a transfer, employers often find that employees with different terms of sale work side by side and want to change/harmonize the terms and conditions. However, TUPE indefinitely protects against any change/harmonization if the only or main reason for the change is the transfer. These changes are not valid. Collective agreements in force at the time of the transfer are also transferred to the new employer. These include terms of employment negotiated through collective bargaining and broader labour relations. For example, the collective dispute procedure, school leave, training of union representatives, negotiated redundancy procedures or workplace safety regimes and flexible work regimes.