TUPE = Transfer of Undertakings (Protection of Employment) Regulations
At Simpson Millar our Business Employment Solicitors have considerable experience in advising employers on TUPE related matters. We can help you at every stage of the transfer, whether you are transferring or taking over an ‘undertaking’ affected by TUPE.
The TUPE services we provide include:
- Due diligence
- Whether TUPE applies
- Informing and consulting employees
- Advice on how TUPE affects insolvent businesses
- Service provision changes
- Changing terms of employment, both pre- and post-transfer
- Protection against dismissal of employees
Our in depth knowledge of TUPE Regulations, procedures and case law will help you to reduce the risks associated with the TUPE transfer. We’ll also work with you to help you achieve your business objectives relating to the TUPE Transfer.
For initial advice get in touch with our Business Employment Solicitors.
When Does TUPE Apply?
TUPE issues can apply in a number of different circumstances for employers. Most commonly, you may need TUPE advice if you are looking to buy or sell a business or outsource or insource a particular aspect of your business.
Disputes over whether a TUPE scenario exists can be quite common. As this is a complex area of law, please contact one of our Business Employment Solicitors who can give you further advice.
TUPE Restructures and Employee Rights
The TUPE regulations set out that an employee’s rights and liabilities transfer where a TUPE situation exists. As an employer, you can be left in a difficult situation where you have to take on other employees as part of the TUPE transfer. This can be beneficial for you if you want the employees on board, but equally it can be problematic if you don’t want the increased costs associated with more employees.
Under the TUPE regulations, employees are also entitled to transfer to their new employer on their pre-transfer terms and conditions. This includes their pay, hours of work and workplace location. As an employer, you may want to find out what your options are in these circumstances.
You may want to restructure your business after a TUPE transfer has taken place. As a general rule, dismissals connected to a TUPE transfer are considered automatically unfair. But this rule does not apply if you have an economic, technical or organisational (ETO) reason for dismissing an employee.
So once you’ve completed the business purchase, if you feel you have too many employees, any redundancies you make after the transfer could be justified for economic, technical or organisational reasons.
If you are in the process of selling or buying a company, you should provide certain information to your affected employees and consult with employee representatives. If you fail to take this step, an Employment Tribunal can award up to 13 weeks’ pay per employee.
As a seller, you should also be aware of the requirement to provide certain information to a prospective buyer of your business.
Why Choose Simpson Millar?
Our Business Employment Solicitors have considerable expertise in TUPE related matters. This includes advising on various stages of the TUPE process as well as drafting any necessary TUPE documentation such as asset purchase agreements, due diligence reports and consultation letters and offer advice on any employment issues before or after the TUPE process.
Our experienced Solicitors will take the time to understand your business and the market that your company operates in so we can give you the best possible advice. We’ve got clients across many different sectors including recruitment, manufacturing, services and charity.
We provide timely, pragmatic and commercial HR assistance and support to various employer organisations. Our Employment Solicitors have specialised in employment law for more than 35 years. We’ll make sure that your Solicitor or Lawyer will have an appropriate level of experience to deal with your matter.
We’re open and honest about our fees and we’ll be clear about how much it will cost from the outset. If we need to do extra work, we’ll tell you how much it will cost and we won’t do any work until you’ve approved the costs, allowing you to keep control of your budget.
If your business needs help with any TUPE related issues, our Employment Solicitors are here to help.
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Simpson Millar Solicitors are a national law firm with over 500 staff and offices in Bristol, Cardiff, Lancaster, Leeds, Liverpool, London, Manchester and Southport.