Commonly known as TUPE, The Transfer of Undertakings (Protection of Employment) Regulations were introduced in 2006 to protect the rights of employees when the organisation they work for is sold to another organisation or when there is a change in service provider. Failure to comply with TUPE can result in costly and time-consuming Court proceedings.
TUPE automatically transfers employees and any liabilities associated with them from the current employer to the new employer by operation of law. Our experienced team of solicitors understand that TUPE is a significant and often complex piece of legislation and can work in partnership with your organisation to provide professional legal advice.
Whether you need advice on if TUPE applies, advising on employee consultations to negotiating contractual agreements and implementing change post transfer. Our specialist team of TUPE solicitors can provide advice and support on all aspects of TUPE and ensure that your organisation complies.
We use our extensive social-business sector knowledge and solution-driven approach to give our clients clear, practical advice that is tailored to them. We regularly 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 will help you in all areas of restructuring and TUPE issues that may arise as a result, including:
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...
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The Advocate General of the European Court of Justice (“ECJ”) has confirmed that a 5 month gap in operations does not necessarily prevent TUPE applying.
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