Business are bought, sold, merged and restructured every day in the UK. Changes can be unsettling for employees, but they may be protected by a set of rules known as TUPE. Short for the Transfer of Undertakings (Protection of Employment) Regulations, TUPE places important duties on employers to consult with staff and to safeguards jobs and conditions of work.
Ensure you are protected
Our employment lawyers support organisations – transferors and transferees - through processes of change, helping shape plans and advising on the legal and practical implications.
If employees are to have a new employer as the result of a takeover, or they’ll be losing an aspect of their role to an outsourced provider, or they’re having terms and conditions harmonised with those of new colleagues, there are important steps to take. The first is assessing whether or not what you’re proposing triggers TUPE protection. We’ll advise on the nature and extent of your legal obligations to consult with staff and negotiate terms, and on the ways of introducing new arrangements safely.
There are penalties for getting aspects of a TUPE transfer wrong, not least the possibility of facing an employment tribunal claim. That’s why it’s vital to get the right legal support from the moment you begin thinking about changing an aspect of your business, whether that’s a sale or purchase, merger, or the outsourcing or insourcing of operations. TUPE could apply, and you need to get this right.