Given the significant potential liabilities you can create or inherit on a TUPE transfer, transferring staff by mistake is not recommended. TUPE transfers by...
Our team of TUPE solicitors can support community organisations on all aspects of complying with TUPE, from whether TUPE applies to advising on pension issues.
The Transfer of Undertakings (Protection of Employment) Regulations, were introduced in 2006 to protect the rights of employees when the organisation they are employed by is acquired by a new organisation or when there is a change is service provider. Commonly known as TUPE, their purpose is to automatically transfer employees and any associated liabilities, such as pension contributions from one employer to another following an acquisition. In the community sector, TUPE can arise in association with a community-asset transfer or with the transfer of a service to a local organisation.
TUPE can be a complex piece of legislation. Our experienced TUPE solicitors can support community organisations with every aspect of TUPE and can help you safeguard against associated risks. Should an organisation fail to comply with TUPE it could be faced with costly and time-consuming Court proceedings.
Our TUPE advice service
Our experienced team of TUPE solicitors have many years of experience providing support to community organisations on all aspects of TUPE, from deciding whether TUPE applies and advising on employee consultations to negotiating contractual agreements and implementing change post transfer.
At Anthony Collins Solicitors we draw on our extensive knowledge of working with the community sector to give clear, practical advice that is bespoke to each organisation's unique circumstances. We will work in partnership with you to support you through periods of transfer and restructure, to minimise disruption and ensure that you are aware of your legal responsibilities under TUPE.
Our specialist team support organisations in all areas of restructuring and TUPE issues that may arise as a result, including:
- Supporting in determining whether TUPE applies and arguing your position.
- Advising on employee consultations and identifying measures.
- Employment liability - advising on the employee responsibilities you will be acquiring on a transfer in.
- Changes to terms and conditions following a restructure or merger.
- Negotiating contractual agreements.
- Advising on pension issues, pension rights and the associated financial risks.
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