Do Zero Hours Contracts Transfer under Tupe

Zero hours contracts have become increasingly popular in recent years, with many companies opting for this type of employment arrangement. However, with the rise of mergers and acquisitions, questions have arisen as to whether zero hours contracts transfer under TUPE (Transfer of Undertakings Protection of Employment) regulations. In this article, we will explore the regulations around this issue and what it means for employees.

Firstly, let`s define what a zero hours contract is. A zero hours contract is a type of employment arrangement where the employer does not guarantee the employee any work. This means that the employee is only paid for the hours they work and has no set schedule. This type of contract is popular in industries where there are fluctuations in demand, such as retail or hospitality.

When a business changes ownership or merges with another company, TUPE regulations come into play. TUPE is designed to protect employees` rights when a business changes hands. Employees` employment contracts, terms and conditions and rights transfer to the new employer. This means that employees retain their existing employment rights, including their length of service, pay and benefits.

So, do zero hours contracts transfer under TUPE? The answer is yes, they do. When a business changes hands, employees with zero hours contracts transfer to the new employer, along with their rights and terms of employment. This means that the new employer must honor the terms and conditions of existing employees, including their zero hours contracts.

It`s worth noting that TUPE only applies to employees, not contractors or self-employed individuals. If an individual is self-employed or working on a contract basis, they are not protected by TUPE regulations.

In summary, zero hours contracts do transfer under TUPE regulations. Employees with zero hours contracts retain their rights and terms of employment when a business changes hands. This means that the new employer must honor the existing contract, including the hours worked and payment terms.

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