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...
Our experienced team of TUPE solicitors provides support to co-operatives and mutuals on all aspects of complying with TUPE.
Introduced in 2006 to safeguard the rights of employees, The Transfer of Undertakings (Protection of Employment) Regulations, (widely known as TUPE) exists to protect employees when the organisation they work for is taken over by another organisation or in the event that there is a change in service provider. This can apply on the “spin out” of a service from a local authority, or a “business-to-business” transfer.
TUPE automatically transfers employees and any liabilities associated with them from the old employer to the new employer by operation of law. TUPE can be a complex piece of legislation, and our experienced team can provide advice and support from helping to manage the risks and ensuring compliance to avoiding costly and time-consuming Court proceedings.
Our TUPE advice service
Our specialist TUPE solicitors have extensive experience advising co-operatives and mutuals 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 sector knowledge and solution-driven approach enables us to give clear, practical and bespoke advice. We will work in partnership with you to guide you through periods of transfer and restructure, to minimise disruption to the workforce and ensure that you are aware of your legal responsibilities under TUPE.
Our team of 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 - 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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