Transfer of Undertakings Solicitors

We advise outgoing employers and incoming employers on the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

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The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protect employees’ rights when there is a “relevant transfer” of the business for which they work. This usually occurs when there is a merger or the business is acquired by another entity. It also applies to certain outsourcing situations.

Advice for employers

Both outgoing employers and incoming employers have legal obligations under TUPE. As the outgoing employer, you must consult employees well in advance of the date of transfer.

As the incoming employer, you must advise employees if you wish to change the conditions of their employment. If these terms are less favourable than the terms they currently enjoy, you must gain their consent – unless one of the following exceptions applies:

  • The reason for the variation is not related to the transfer
  • There is an economic, technical or organisational reason
  • Certain insolvency situations
  • The employment contract allows for variations to be made
  • Other limited circumstances

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The TUPE regulations are very complex. As an employer, it can be hard to know whether an employee is protected under TUPE, and if so, what this means for you.

We appreciate that if you are the incoming employer, you may want to harmonise your new employees’ contracts so that they are in line with your existing employees’ contracts. However, you must be very careful that you do not infringe any employment rights.

Our employment law solicitors help both outgoing and incoming employers during a transfer of undertakings. We will devise a strategy that achieves your intended objective, while ensuring that you remain compliant with the law. If an employee claims that their rights have been infringed under TUPE regulations, we will manage the situation for you, quickly bringing the matter to an effective conclusion.

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