From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
Our specialist TUPE solicitors can support organisations on all aspects of complying with TUPE, from whether it applies to advising on pension issues, pension rights or the associated financial risks.
The Transfer of Undertakings (Protection of Employment) Regulations, which were introduced in 2006, are commonly known as TUPE. TUPE was introduced to safeguard the rights of employees when the organisation they work for is acquired by another organisation or there is a change in service provider.
The purpose of TUPE is to automatically transfer employees, and any liabilities associated with them, from the old employer to the new employer by operation of law. TUPE is a significant and often complex piece of legislation and professional legal advice can help to manage the risks. Failure to comply with TUPE can result in costly and time-consuming court proceedings.
Our TUPE advice service
Our experienced TUPE solicitors have many years of experience advising 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. Our extensive sector knowledge and solution-driven approach enables us to give clear, practical advice that is tailored to an organisation's unique circumstances. We work with organisations to support them through periods of transfer and restructure to minimise disruption to the workforce and ensure that organisations are aware of their legal responsibilities under TUPE.
Our experienced TUPE solicitors help organisations in all areas of restructuring and TUPE issues that may arise as a result, including:
- Support in determining whether TUPE applies and arguing your position
- Advising on employee consultations and identifying measures
- Employment liability - advice 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
- Advise on pension issues, pension rights and the associated financial risks
Our solicitors are passionate about delivering expert legal advice to support your organisation to achieve a successful resolution to your TUPE issues. Our advice is practical, clear and we work with our clients to guide them through every step of the TUPE process. Our experienced teams have extensive sector knowledge and experience to assist organisations through periods of uncertainty, change and difficulty.
In a number of recent cases, employment tribunals have accepted our arguments on TUPE points. For example, agreeing that employees of a learning disability service provider did not transfer to our client because of a change in the activities being carried out and accepting that a change to terms and conditions was not transfer-related.
If you would like further information about TUPE, or how our employment law team can help you, please get in touch.
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