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 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:
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...
The Employment Appeals Tribunal (“EAT”) held in Flowers v East of England Ambulance Trust that “normal” remuneration included voluntary overtime if it was paid over a sufficient period.
Employers are having to walk a fine line between protecting their interests whilst also ensuring that they are not breaching their employees’ rights.
The sanctions against employers who knowingly or unknowingly employ individuals who do not have the correct immigration status to work in the UK are stringent.
Under the Working Time Regulations (WTR) a worker is entitled to a 20 minute rest break away from their workstation if their daily working time exceeds six hours. However, there are limited circumstan
What can an employer do when its negotiations with a recognised union break down and they cannot collectively agree changes to terms?
Can an employee’s concerns raised purely out of self-interest constitute a qualifying disclosure for whistleblowing purposes?
What’s on the horizon for HR and employment law in 2018? Kate Watkins highlights key legislative changes and cases to keep an eye out for.
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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