The Transfer of Undertakings (Protection of Employment) Regulations, which were introduced in 2006, are commonly known as TUPE. They were introduced to safeguard the rights of employees when the organisation they work for is acquired by another organisation or when 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. It 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 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 health and social care sector knowledge and solution-driven approach enables us to give clear, practical advice that is tailored to your organisation's unique circumstances. We will work with you to support your organisation through periods of transfer and restructure, to minimise disruption to the workforce and ensure that you and your organisation are aware of your legal responsibilities under TUPE.
We help health and social care providers in all areas of restructuring and TUPE issues that may arise as a result, including:
Our experienced teams have extensive health and social care sector knowledge and experience to assist you and your organisation 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. In another case, accepting that a change to terms and conditions was not transfer-related.
Following Katherine's "heads up" last week, the Government has now confirmed that for claim periods post 1 December, employers will not be able to claim for employees who are serving their notice
The Guidance for the extended Coronavirus Job Retention Scheme (CJRS) was released last night on 10 November 2020. We thought we knew what we were expecting or so we thought...
Is it just me or are the updates and product launches of the of the Coronavirus Job Retention Scheme “CJRS” starting to resemble the seemingly continuous barrage of new and upgraded iPhones?
The freshly signed Public Sector Exit Payments Regulations (in force on 4 November 2020) raise as many questions as they answer.
As employers face the end of the Coronavirus Job Retention Scheme on 31 October 2020, Katherine Sinclair and Libby Hubbard discuss the intricacies of the redundancy process for furloughed employees.
Employment Tribunal rules in favour of claimants in minimum wage case – has the interpretation of “working time” changed?
We have asked colleagues in the Employment Law team to highlight what they think is key to managing a redundancy programme well.
The Government has this week resurrected its proposals to cap exit payments for public sector workers at £95,000.
The news that Allied Healthcare is “actively exploring” the sale or transfer of its care and support services means the TUPE implications and risks need to be considered for any would-be buyers.
The Employment Appeal Tribunal (EAT) has found that where a TUPE transfer has taken place, subsequent changes to employees’ terms and conditions may not be invalid...
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.
