When a business (or part of a business) is bought or sold or where there is a service provision change, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly known as “TUPE”) and The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulation 2014 will apply.
By virtue of TUPE, the existing employees of a business will transfer to a new employer, remaining protected under the terms and conditions of their previous employment contract. There are also various timely and complex obligations both old and new employers have to undertake.
TUPE is a notoriously complex area of law and can be seen to impede commercial transactions. Furthermore, getting it wrong can lead to automatic unfair dismissal claims and claims for protective awards by employees, which can be of substantial value. This can then lead to costly disputes over liability between the old and new employer.
Consulting a solicitor who specialises in TUPE law is paramount to minimising risk, protecting your businesses and ensuring you still meet your commercial objectives.
Specific knowledge and technical skill is required to correctly understand and implement TUPE and professional assistance should be sought at the earliest opportunity.
Our expert solicitors advise and guide businesses, successfully minimising the occurrence of employment law disputes and claims arising from TUPE matters whilst offering practical, commercial advice.
We provide comprehensive legal advice and assistance to businesses across all areas of TUPE including the following:
- Businesses’ legal position, obligations and the procedures required by TUPE
- TUPE management, application and implementation
- Notification of Employee Liability Information
- The Duty to Inform and Consult
- Drafting written communications to the employees
- Contract review and negotiation
- Asset sales and purchases
- Post TUPE guidance and support
- Defence of and Employment Tribunal representation for TUPE related Employment Claim