TUPE.

TUPE stands for Transfer of Undertakings (Protection of Employment).

A TUPE transfer is when employees from one business are acquired by a new business. This often happens when there is a merger or a business is bought-out.

TUPE regulations are in place to protect any employees involved in the TUPE process.

They apply in the following circumstances for business transfers:

• An employee’s job transfer over to a new company
• Employment terms and conditions transfer to a new company
• Continuity of employment is maintained

Although TUPE regulations only apply to those with employee status, in some circumstances, they may apply to those with worker status. If you’re unsure, you should consult a solicitor.

TUPE regulations can also apply to service provision changes. Examples of service provision changes include:

• A service provided in-house (e.g. cleaning, workplace catering) is awarded to a contractor after the transfer.
• A contract ends, and the work is transferred in-house.
• A contract ends and is given to a new contractor after the employer transfer.

Protections under the TUPE regulations last indefinitely. However, after some time has passed, it can be hard to prove whether contract changes are a result of the transfer, or the because the business is evolving.

It’s important to follow the TUPE process correctly otherwise your previous or current employees can take you to the employment tribunal.

If you have acquired another business, you will be liable for claims made by all employees, even if they were from the other business.

If successful, the employment tribunal can award each affected employee with up to 13 weeks’ wages.

TUPE regulations contain a set of complex rules in order to protect employees, and it can be difficult to make any changes to employment contracts, even if the reasons are genuine.

A TUPE solicitor Can assist you from the beginning of the TUPE process and continue to provide advice even years after a transfer has taken place.

Some areas we can help with include:

• Drafting and negotiation terms in transfer documentation
• Consulting employees
• Redundancy procedures
• Changing employment contract terms following a transfer
• Employment tribunal claims

This list isn’t exhaustive and if you’re unsure whether your particular circumstances warrant an employment law solicitor, just call our friendly team on 0203 007 5500 and we’ll let you know.

There are three main ways that we work with businesses:

Preventative measures

We work with businesses to minimise the probability of employment issues arising and to advise on contractual and workplace changes. This includes elements like training for management, contract reviews, and policy reviews.

Crisis and claim management

Where businesses are facing the prospect of a claim, we act swiftly to minimise damage and defend your company’s interests prior to and during any Employment Tribunal action.

Post-claim changes

If your business has recently faced a claim or had a spate of grievances raised, we will identify any underlying issues and provide you with a plan of action to minimise business disruption.

Our employment law team includes solicitors and HR professionals to provide a blend of legal and practical guidance on a wide range of matters across a broad selection of sectors. We offer pragmatic advice and solutions that pre-empt common employment issues that are often overlooked or ignored.

We advise public sector bodies and private enterprises of all sizes, from start-ups to multi-nationals, and heavily unionised organisations, all from our employment hubs in London and Brighton.

Our highly experienced team are here to help steer your business to the right outcomes at all stages of the employee lifecycle, from recruitment to retirement.

We offer a range of services for all business sizes and needs, from one-off assistance to long-term support.

Our employment retainers offer access to an employment law solicitor and HR professional, alongside other benefits, from just £275 per month exclusive of VAT and can be scaled upwards for any business size. You’ll also receive up to 25% off our fees across our full service offering, including corporate and dispute resolution services.

We also offer the option to purchase hourly packages or to pay by the hour if you only need us occasionally or under specific circumstances.

If you’re contacting us specifically to resolve a claim for unfair or wrongful dismissal, our fee outlines can be found here.