We are experts at advising on all aspects of the Transfer of Undertakings (Protection of Employment Regulations) 2006 (TUPE). The TUPE regulations protect employees on business sales and “service provision changes” against dismissal or detrimental changes to terms of employment, and also provide for employers to inform and consult affected employees before a TUPE transfer takes place.
We have many years’ combined experience advising on TUPE in the context of business sales, real estate transactions, and public and private sector outsourcings, insourcing and retenderings (service provision changes). Our partners have advised on:
- The TUPE aspects of major corporate business sales across a variety of sectors, in particular in the banking/financial services and hospitality/leisure sectors.
- High profile and successful TUPE-related tribunal litigation in the transportation/logistics sector, as well as advising extensively on other TUPE situations and disputes in the same sector.
- Numerous commercial outsourcing situations where TUPE was a significant commercial issue.
- Many smaller business sales and intra-group TUPE transfers involving smaller numbers of employees – we are experienced in providing practical advice on TUPE transfers in such situations which is tailored to the particular circumstances whilst also complying with the TUPE regulations.
We advise employers on:
- The application of TUPE to specific situations and the analysis of which employees within a particular organisation would be subject to a TUPE transfer in situations where it may not be clear-cut, for example on a sale of part of a company’s business or a service provision change.
- Legal and practical compliance with obligations imposed by the TUPE regulations on matters such as information/consultation with employee representatives and employee liability information to be provided to the transferee employer, breach of which can lead to significant employment tribunal claims and financial awards.
- How to deal with situations where either the transferor or transferee do not want certain employees to transfer under TUPE, or an employee objects to the transfer.
- Implementing changes to terms and conditions of employment or harmonising employment terms with the existing workforce following a TUPE transfer, despite the challenges caused by TUPE.
- Drafting and negotiation of TUPE-related contractual obligations, indemnities and warranties on corporate, commercial and real estate transactions.
- Advising on TUPE-related disputes between employers and individuals, or between transferor and transferee employers, and conducting effective employment litigation where such disputes cannot be resolved.
We can also advise senior executives on TUPE situations which relate to their own employment situation.