When faced with complex situations, we let you in on the law.
TUPE is a very complex area of the law. Essentially it aims to protect employees’ rights when a business (or part of a business) is sold or transferred or there is a service provision change. If the process is not handled correctly, your business could be at risk of Employment Tribunal claims.
We have extensive experience in advising business clients on their obligations under TUPE. Our clients value our proactive, flexible and personal approach, and our ability to guide them through a smooth and successful transaction. If you have an issue relating to TUPE then please get in touch.
What is TUPE?
TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations, which apply when an undertaking or part of it is transferred from one employer to another, where an employer:
- Sells or buys part or all of a business as a going concern
- Outsources or makes a “service provision change” involving either
- an initial outsourcing of a service (e.g. where services transfer from a company to an external contractor)
- a subsequent transfer (e.g. where services transfer from the first external contractor to a second external contractor)
- bringing the service back in-house (e.g. where services transfer from an external contractor back to the business)
TUPE protects employees’ terms and conditions of employment when a business is transferred from one employer to another. The practical effect is that employees of the previous employer when the business changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their new employer steps into the shoes of the previous employer.
What are my obligations as an employer under TUPE?
TUPE includes a number of obligations for both the previous and new employers, including:
- The previous employer must inform and consult with the appropriate employee representatives
- The previous employer must provide certain information about the affected employees (including identity, details of employment and disciplinary records) to the new employer
If you do not fulfil your requirements under TUPE, a complaint could be made to an Employment Tribunal by the affected employees or the new employer. If they are successful, you could be ordered to pay significant compensation, which could be enough to undermine the transaction.
How can Partners Employment Lawyers help?
Our Employment Lawyers can partner with you during any form of TUPE transaction to ensure the entire process is legally compliant and promotes your business’ best interests.
Contact our TUPE Solicitors London
Our Employment Lawyers are based in London and work with business clients operating throughout England. For employment law solutions relating to TUPE, contact our approachable and professional team – call 0207 374 6546 now or contact us online.