Advice on TUPE for Employers in the UK

Expert TUPE Solicitors in London for Employers

When a business undergoes a transfer of ownership or merges with another organisation, it is essential to comply with TUPE regulations. Our team of employment law experts is here to provide valuable advice on TUPE for employers.

Understanding the Aim of TUPE Regulations

The TUPE regulations, known as the “Transfer of Undertakings (Protection of Employment) Regulations 2006,” as amended by the “Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014,” aim to protect employees’ rights during business transfers and service provision transfers.

The key objectives of TUPE are:

  1. To safeguard the terms and conditions of employees affected by the transfer.
  2. To ensure that employees’ contracts of employment move with them and are not changed to less favourable terms.
  3. To require employers to consult and inform affected employees about the transfer.

Failure to comply with TUPE regulations may lead to employment disputes and potential Employment Tribunal claims. Generally, employees’ terms and conditions cannot be altered after a TUPE transfer, except in certain cases, such as an economic, technical, or organisational (ETO) reason.

When Do TUPE Regulations Apply?

TUPE regulations apply in two main transfer situations:

Business Transfer: When a business or a part of a business is moved to another business, such as through a merger.

Service Provision Transfer: When a client engages a contractor for work and either assigns the contract or brings the work in-house.

For TUPE to apply, the business being transferred must be based in the UK. However, the entire business does not need to be UK-based; it is sufficient if the part of the business involved in the transfer is in the UK.

Seek Expert Advice on TUPE Regulations

Dealing with TUPE processes can be complex, and it is crucial to seek expert advice early in the process to save time and costs. Failure to follow the correct procedures, such as consulting with affected employees before the transfer, can lead to significant financial liabilities for the incoming employer.

Our team of TUPE solicitors can help you understand if TUPE regulations apply and guide you through your rights and obligations in the situation. We will assist you in fulfilling your legal responsibilities toward your employees.

Responsibilities of Outgoing and Incoming Employers

Outgoing employer responsibilities:

  • Inform the incoming employer of affected employees’ details and their costs before entering into an agreement that may trigger TUPE.
  • Conduct proper information and consultation with affected employees.
  • Provide due diligence information (key employee information) to the incoming employer at least 28 days before the transfer.
  • Incoming employer responsibilities:
  • Ensure correct employee information and associated costs before entering into any agreement that may trigger TUPE.
  • Obtain due diligence information from the outgoing employer.
  • Consider the terms and conditions of employment for incoming employees.
  • Inform and consult with incoming and existing employees.

At Davenport Solicitors, we have vast experience in handling TUPE cases and providing up-to-date employment law advice to businesses. We understand that every transfer, merger, and acquisition is unique, and we offer tailored legal guidance to employers on their obligations when dealing with transferred employees.

Get in Touch with Our Expert London TUPE Solicitors

Davenport Solicitors is a specialist employment and immigration law firm in London, assisting businesses of all sizes, HR professionals, and start-ups with employment law and business immigration matters.

Looking for TUPE advice for employees? Click here to visit our page offering expert advice on TUPE for employees.

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