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Our TUPE Solicitors Promise
Want to achieve a smooth TUPE transfer? Our employment experts are here to help.
Need advice from a TUPE solicitor?
Call, email or provide us with a few details of your employment matter, and we’ll help you arrange an initial consultation. You’ll get:
- Unlimited time to discuss your matter with a TUPE solicitor
- An outline of your legal position and available options
- A clear fee-quote and time frame to resolve your matter
The TUPE Experts
- Ensure you acting in line with TUPE regulations
- Help with drafting or reviewing employee contracts
- Carry out legal and fair redundancies
Commonly asked questions on TUPE.
The TUPE process can be a stressful and uncertain time for employees. They may feel worried about their position in the company, joining a new team, or redundancy. It’s important to ensure your TUPE transfer is handled in line with regulations so that it’s fair for employees and you avoid potential claims down the line.
1. What does TUPE stand for?
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.
2. When do TUPE regulations apply?
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.
3. What happens if TUPE regulations aren't followed correctly?
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.
4. How can a solicitor help with the TUPE process?
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.
5. How can you support my business?
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.
6. Why should you choose Britton and Time Solicitors?
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.
Looking for support with an employment law issue?
Tell us some details of your circumstances and we’ll contact you the same day.
Meet our expert employment law team.
Paul Britton
Managing Director
Rory Lindsay
Solicitor
Alexander Grist
Trainee Solicitor
Leonardo Bosco
Trainee Solicitor
Aryan Fallahi
Trainee Solicitor
Grace Marchant
Trainee Solicitor
Adam Geele
Paralegal
Why Britton and Time Solicitors?
Employment law is our speciality, and our employment solicitors have worked on everything from discrimination claims to settlement agreements. For your employment case, our solicitors will always guarantee:
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