10. TUPE and discipline and grievance issues

Increasingly, reps are asked to help members who face discipline and grievance issues against the backdrop of a TUPE transfer, for example, a business sale, a public service outsourcing or a change of service provider under a service contract. These transfers are governed by the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE). TUPE issues are invariably complicated, and union legal advisers should be consulted as early as possible. Here is a brief summary of the main points to note about the effect of TUPE on discipline and grievance procedures.