We advise on all TUPE issues. If you are undergoing change, our solicitors will guide you through the process, ensuring that employees and the business are protected.

TUPE stands for Transfer of Undertakings (Protection of Employment). A ‘TUPE transfer’ may apply if your business is moving to a new organisation, or you are acquiring a business or there is a merger. Similarly, if a service that you are providing is outsourced or there is a change in outsourcer or the service is brought back in-house, again, TUPE could apply. There are tests for determining whether TUPE applies, and we can guide you through the assessment.

When TUPE applies, generally, the employees of the old employer become the employees of the new employer and the employees should have the same terms and conditions that they previously had. The new employer is also responsible for any previous liabilities.

We can help you with the following:

• transfer of employment contracts, employee rights and liabilities
• employee liability information (provided by the old employer)
• consultation obligations (including electing employee representatives)
• dismissals
• restructuring and redundancies
• changing terms and conditions
• indemnities
• TUPE Employment Tribunal related claims

TUPE can be confusing for business owners and HR staff, and it can cause distress to employees if not handled correctly. With the help of our solicitors, we can assist make the process easy to follow.

For any queries on TUPE please do not hesitate to get in touch.