TUPE Policy

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**TUPE Policy for HSS Group Ltd**

**Effective Date:** February 17, 2025

**Purpose**

The purpose of this TUPE Policy is to ensure compliance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended) and to provide a comprehensive framework for managing the transfer of employees during business or service provision changes. This policy aims to protect employees' rights, facilitate a smooth transition, and maintain operational continuity.

**Scope**

This policy applies to all employees, contractors, and stakeholders involved in any transfer of business or service provision change under TUPE regulations within HSS Group Ltd.

**1. Objectives**

- **Employee Protection:** Safeguard the rights and terms of employment for employees affected by a transfer under TUPE, ensuring continuity and stability.

- **Compliance with Legislation:** Ensure all transfers are conducted in full compliance with TUPE regulations and relevant employment laws, minimizing legal risks.

- **Effective Communication:** Provide clear, timely, and transparent communication to employees and stakeholders involved in the transfer process, addressing concerns and fostering trust.

**2. Understanding TUPE**

TUPE regulations apply when a business or service provision changes hands, ensuring that employees' terms and conditions of employment are maintained. This includes the automatic transfer of employment contracts, rights, and liabilities from the outgoing employer (transferor) to the incoming employer (transferee).

**3. Key Principles**

- **Continuity of Employment:** Employees' contracts are automatically transferred to the new employer, preserving their terms and conditions, including pay, benefits, and length of service. This ensures that employees face minimal disruption and retain their employment rights.

- **Consultation and Communication:** Engage in meaningful consultation with affected employees and their representatives, providing comprehensive information about the transfer and addressing any concerns. This includes explaining the reasons for the transfer, the legal, economic, and social implications, and any measures envisaged.

- **Due Diligence:** Conduct thorough due diligence to assess the implications of the transfer, including employee liabilities, contractual obligations, and potential changes to terms and conditions. This involves reviewing employment contracts, identifying potential risks, and ensuring compliance with legal and regulatory requirements.

**4. Procedures for Handling a TUPE Transfer**

**Pre-Transfer Planning:**

- **Identify Affected Employees:** Determine which employees will be affected by the transfer and ensure they are informed of the process. This includes identifying key roles and responsibilities that may be impacted.

- **Information and Consultation:** Provide detailed information to employees and their representatives about the transfer, including the reasons for the transfer, the legal, economic, and social implications, and any measures envisaged. This should be done in a timely manner to allow for meaningful consultation.

- **Due Diligence and Assessment:** Conduct a comprehensive assessment of employee liabilities, contracts, and any potential changes to terms and conditions. This includes reviewing employment contracts, identifying potential risks, and ensuring compliance with legal and regulatory requirements.

**During the Transfer:**

- **Employee Communication:** Maintain open lines of communication with employees, providing updates and addressing any questions or concerns. This includes providing support and guidance to employees throughout the transition process.

- **Collaboration with the Transferee:** Work closely with the incoming employer to ensure a smooth transition, sharing relevant employee information and facilitating the transfer process. This includes coordinating the transfer of employment records, payroll information, and other relevant documentation.

**Post-Transfer Actions:**

- **Integration and Support:** Support employees in integrating into the new organization, providing any necessary training or orientation. This includes offering support services, such as counseling or career development resources, to help employees adjust to the new environment.

- **Monitoring and Feedback:** Monitor the transition process and gather feedback from employees to identify any issues or areas for improvement. This includes conducting post-transfer reviews and assessments to evaluate the effectiveness of the transfer process.

**5. Responsibilities**

**Management Responsibilities:**

- **Leadership and Oversight:** Provide leadership and oversight throughout the TUPE process, ensuring compliance and addressing any challenges. This includes designating a TUPE coordinator or project manager to oversee the transfer process.

- **Policy Implementation:** Ensure the effective implementation of this policy, providing guidance and support to employees and managers involved in the transfer. This includes ensuring that all parties are aware of their roles and responsibilities during the transfer process.

**Employee Responsibilities:**

- **Engagement and Participation:** Participate in consultation processes and provide feedback to management regarding the transfer. This includes attending meetings, providing input, and raising any concerns or questions.

- **Cooperation and Adaptability:** Cooperate with management and the incoming employer to facilitate a smooth transition. This includes being open to change and adapting to new roles or responsibilities as needed.

**6. Monitoring and Review**

- **Regular Policy Review:** This policy will be reviewed annually or as needed to ensure its effectiveness and alignment with legal requirements and best practices. This includes incorporating feedback from employees and stakeholders to identify areas for improvement.

- **Feedback and Improvement:** Encourage feedback from employees and stakeholders to identify areas for improvement and ensure continuous enhancement of TUPE practices. This includes conducting surveys, holding focus groups, and engaging in open dialogue with employees.

**7. Legal Compliance**

HSS Group Ltd is committed to complying with all applicable laws and regulations related to TUPE, ensuring that our operations meet the highest standards of employee protection and legal compliance. This includes adhering to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (as amended) and any other relevant legislation.

**Contact Information**

For questions, concerns, or to discuss TUPE-related matters, please contact:

Email: recruitment@hsservices.co.uk

Phone: 03303320091