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.
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:
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.
In situations where TUPE applies:
Yes, if an employer plans to transfer their business or service provision contract, then the TUPE Regulations require them to inform them regarding:
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.
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 0808 164 1349 or complete our online contact form.
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