In the event of a business transfer, sale or outsourcing of services, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies.
Employees who are subject to a relevant transfer will automatically transfer to the new employer. This potential liability needs to be carefully considered in relation to any decisions relating to sales, mergers, or outsourcing of activities.
Companies who fail to consult adequately in situations where employees’ rights are covered by TUPE, can face steep financial penalties in addition to the inevitable disruption of business while spending time dealing with disputes and the potential to put a halt to business deals in progress.
TUPE is a complicated area of employment law and TUPE-related disputes often end up before an Employment Tribunal.
The TUPE regulations can apply in a wide range of business changes, including the transfer of staff within different subsidiaries of a business, outsourcing and in-sourcing deals, restructures and reorganisations, business sales and mergers.
How we can help
At Else Solicitors, we have experience of working with businesses of all sizes, administrators, liquidators, turnaround specialists and consultants who rely on our TUPE expertise.
Our team can manage a TUPE process from start to finish for both purchasers and sellers. We can work with employers to draw up the list of employees being transferred, draft detailed measures statements and assess the likely liabilities attached to a transfer. We can advise on the extent of the consultation process required, the information that staff need to be given about the business and the plans related to the business following the transfer.
We can review and negotiate service agreements, contracts and terms and conditions that might be affected by the transfer of staff.
To speak to a member of the HR and employment team in relation to all aspects of TUPE, please call 01283 526200 alternatively you can send us a message and one of our specialist solicitors will be in touch.