TUPE and Business Sales Solicitors
When businesses are bought or sold, or in cases where there is outsourcing or a change of service provider, TUPE, the Transfer of Undertakings (Protection of Employment) Regulations 2006 may apply.
TUPE is designed to protect employment rights, as existing employees will transfer to the acquiring employer or service provider under the same terms as their existing contract. Employment liabilities will also transfer, such as pension arrangements.
A variety of complex obligations will also be imposed on both old and new employers. Old employers may be required to give warranties or indemnities regarding items such as liability for unpaid salaries and previously earned bonuses.
TUPE adds a layer of complexity to a business sale. Getting the process wrong can lead to claims for unfair dismissal as well as claims for protective awards by employees, which can be significant and lead to costly disputes.
Longmores’ team of specialist solicitors have wide experience in TUPE, so we can help you to minimise risk in carrying through your business sale or acquisition. We advise businesses of all sizes on issues including:
- Contract review and negotiation ensuring appropriate TUPE protections
- The process of providing information and carrying out consultation and election of employee representatives
- Drafting written communications to the employees
- Notification of employee liability information
- Post TUPE guidance and support
- TUPE process, application and management.
Our approach is robust, practical, no-nonsense and commercial. We have a strong track record of minimising the occurrence of employment law disputes arising from TUPE issues.
Examples of our work
Supporting a UK car parts manufacturer through the TUPE process and the consequent redundancy of 250 staff, resulting from a decision to close one UK plant and relocate manufacturing jobs to group companies overseas.
Advising on TUPE implications during the sale of a leading self-storage business including drafting warranties and indemnities to protect our client against future employment claims. This enabled the smooth sale of the business combined with greater certainty for employees, the future management team and our client.
Clarifying complex TUPE issues surrounding an agency worker’s contract on the transfer to a client of the company, ensuring fair and lawful treatment of the individual.
Advising a leading recruitment company on the high value matters with regards to the implications of TUPE and drafting appropriate contractual provisions.