Our specialist team of TUPE solicitors provide support to social enterprises on all aspects of complying with TUPE, from advising on pension issues and the associated financial risks.

The Transfer of Undertakings (Protection of Employment) Regulations, which were introduced in 2006, are commonly known as TUPE. TUPE was brought into action to safeguard employees’ rights in situations where the organisation they work for is taken over by another organisation or when there is a change in service provider. TUPE can be an issue for social enterprises that are “spin outs” from the public sector, or wherever they are involved in a change of service provider.

TUPE works by automatically transferring employees and any liabilities associated with them, such as pension agreements, from the current employer to the new employer by operation of law. TUPE is a significant and often complex piece of legislation and failure to comply can result in costly and time-consuming Court proceedings.

Our TUPE advice service

At Anthony Collins Solicitors our experienced TUPE solicitors have extensive experience advising social enterprises on TUPE, from deciding whether TUPE applies and advising on employee consultations to negotiating contractual agreements and implementing change post-transfer.

We use our extensive sector knowledge and solution-driven approach to give clear, practical advice that is tailored to your unique circumstances. We work with you to support 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 experienced team of TUPE solicitors helps social enterprises 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.
  • Advise on pension issues, pension rights and the associated financial risks.

 

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