Security Industry Authority FAQs
What about TUPE regulations?
The Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE) seek to preserve employees’ terms and conditions when a business or undertaking, or part of one, is transferred to a new employer and was sanctioned by the UK government as a result of fulfilling its obligations under the European Union Acquired Rights Directive of 1977. Usually EC law overrides domestic UK law when they conflict, however, the TUPE regulations derive their source from the EU Acquired Rights Directive of 1977 and therefore takes into account EC law.
If employment of someone would potentially fall foul of the regulations of the Private Security Industry Act 2001 (because they were denied an SIA licence), then the employer has the right to dismiss the employee or refuse to employ a potential employee under the exceptions provided by the Employment Rights Act 1996 which takes into account European Law, whether they have been transferred under TUPE or not as long as the employer acts reasonably, tries to find the employee another position which does not require an SIA licence, and with fair reason.
The Department of Trade and Industry (DTI) has stated that:
“The situation is that if someone cannot legally be employed to work in a particular job, then they can be fairly dismissed on that ground (subject to the usual reasonableness test). Whether they’ve been transferred under TUPE or not makes no difference”.