TUPE refers to employment protections that apply when a business changes employers. You may also take responsibility for employment debts and claims arising before the purchase. Staff usually keep their existing employment terms and continuous service. Continuous service means their employment history continues without a break. Buying the business does not give you unrestricted freedom to change contracts or dismiss staff. This guide focuses on England and Wales. Northern Ireland has different rules in some areas, including those related to consultation. This article explains how TUPE applies specifically in the context of a care business asset purchase.<\/p>\n\n\n\n
TUPE protects employees<\/a> when ownership of a business, or part of it, changes. It can also apply when a service changes provider. Employees should not lose their jobs or existing terms simply because a buyer takes over.<\/p>\n\n\n\n When TUPE applies, certain employees assigned to the transferring business automatically transfer to the buyer. Their employment continues on their existing terms and conditions, and they keep their continuity of service, subject to limited exceptions.<\/p>\n\n\n\n TUPE also restricts dismissals and changes to employment terms where the transfer causes the change. Plan any restructuring with these limits in mind.<\/p>\n\n\n\n Your workforce shapes the care you can provide and the cost of running the home. A care home may employ managers, nurses, senior carers and care assistants. It may also employ catering, housekeeping, administration and reception staff.<\/p>\n\n\n\n Where TUPE applies, large parts of that workforce may transfer with their existing terms and employment history.<\/p>\n\n\n\n Identify likely transferring staff early and compare their roles with your plans for the home. Include support teams when reviewing employees affected by a business merger<\/a> or purchase.<\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nHow Does the Workforce Affect a Care Home Purchase?<\/h2>\n\n\n\n