TUPE Business Transfer Services
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE Regulations) was put in place to safeguard employees’ jobs when a business or a contract is transferred from one supplier/business to another. TUPE may come into play when there is a business sale, when a contract is moved from one supplier to another or where there is a business merger.
Anyone who purchases a business or bids for a contract must ensure they are fully informed of the effects of TUPE since it’s effect in many cases will result in them getting the existing workforce on their existing terms and conditions.
It is not only the employees who get transferred to the new company but also all the liabilities. This means for example, if an existing employee has a claim against the business, after the transfer the same employee can make the same claim against the new company.
It is essential that where The Transfer of Undertakings may apply that you take expert advice as this is a complicated area of employment law. Under TUPE, the employees of the outgoing employer (often referred to as the transferor) automatically become the employees of the incoming employer (often referred to as the transferee) when the transfer takes place. There are ways to challenge which employees may fall within the protection of the TUPE regulations. It is also important to ensure you comply with information and consultation obligations and the disclosure of employee liability information.
After a transfer has taken place, you may end up with employees who are on different terms and conditions to existing employees – harmonising terms and conditions can, however, be very difficult and run the risk of being held to be void.
TUPE Services for Businesses
Specialised knowledge and technical skill is required to correctly understand and implement TUPE and therefore professional assistance should be required at the earliest opportunity.
Aeris Employment Law solicitors advise and guide businesses, successfully reducing the occurrence of employment law disputes and claims arising from TUPE issues 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
- Post TUPE guidance and support
TUPE can apply to employers of all sizes from the sole trader employing one part-time member of staff to multinational corporations. It covers an enormous number of different business transactions and, if it isn’t followed correctly, you could be left with significant liabilities.
To speak to a specialist in TUPE regulations contact our Employment Law Specialist, Karin Henson on 0121 392 7479 or please complete our online enquiry form.