The employment law solicitors at Wilford Smith have many years of experience and expertise when it comes to providing advice to employers regarding TUPE and associated rights and obligations. The procedures involved in takeovers, mergers and acquisitions can be complicated – having the support of a team of specialist lawyers can offer invaluable insight to ensure that your business satisfies all relevant requirements in respect of your employees.
What is TUPE?
TUPE is the Transfer of Undertakings (Protection of Employment) Regulations 2006. These regulations protect employees when the business they work for is transferred to a new employer. This may occur as a result of a merger, or because the company has been bought or sold.
The TUPE Regulations will also apply in outsourcing situations. Known as a 'service provision change’, this is when:
- A service that was previously provided in-house (e.g. cleaning or catering services) has been awarded to a contractor
- A contract ends and is then given to a new contractor
- A contract ends, and the service is then provided in-house by the former contractor
There must be a 'relevant transfer' for TUPE to apply. The rules determining such transfers are complex, but essentially there must be a transfer of an economic entity which retains its identity.
What rights do employees have when TUPE applies?
In situations where TUPE applies:
- The employee's job will typically transfer to the new company – although there may be exceptions in redundancy situations or where the business is insolvent
- The employee’s contractual terms and conditions will transfer to the new company
- The employee’s continuity of employment will be maintained
- The employee’s right to bring a claim for redundancy, unfair dismissal, discrimination, unpaid holiday or bonuses, and other such claims, is maintained
Do I need to consult with my employees if I plan to transfer my business or service provision contract?
Yes, if an employer plans to transfer their business or service provision contract, then the TUPE Regulations require them to inform them regarding:
- The date of the transfer
- The reason behind the transfer
- The economic, legal and social implications for affected employees
If changes are made as a consequence of the transfer, the 'measures' must be discussed with an employee representative. The incoming employer has a responsibility to continue this consultation process.
Contact our TUPE Solicitors
Wilford Smith is regarded highly within the legal sector, with a reputation as a dynamic and innovative law firm, willing to go the extra mile to achieve the best possible outcome for our clients. When you instruct one of our solicitors, we will take the time to meet with you and develop a thorough understanding of your business, providing you with legal support that is tailored to meet your specific needs.
For specialist employment advice, speak to a member of our team by calling 01709 828 044 or complete our online contact form.