TUPE Solicitors & Advice

If you are a business owner looking to buy, sell or merge your company, an employment solicitor with specialist TUPE knowledge can advise you with regard to your employees’ rights, where this is applicable.

TUPE transfer

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations.

The purpose of TUPE is to protect an employee’s rights in circumstances where the business they are employed in changes hands. The new employer effectively steps into the old employer’s shoes and will take on all of the rights, responsibilities and liabilities of the old employer.

What happens in a TUPE transfer

Where TUPE applies, there are specific steps which will need to be followed depending on whether the transfer relates to a business transfer or a service provision change.

Once the group of employees who will be affected by the transfer have been identified, the employer must provide certain information regarding the transfer and consult with employees about the transfer.

Protection against dismissal

TUPE provides protection to employees against dismissal where they have over 2 years’ service. A dismissal will be automatically unfair if the reason for dismissal is because of the transfer. With automatic unfair dismissal claims, an Employment Tribunal will not go onto consider whether the dismissal or process used by the employer was reasonable in the circumstances which is usually the case with a claim for ordinary unfair dismissal.

If the reason for the dismissal is an economic, technical or organisational (ETO) reason entailing changes in the workforce then the dismissal will be potentially unfair and the normal unfair dismissal rules will apply (e.g. whether the employer acted reasonably in all the circumstances and came to a decision within the range of reasonable responses an employer might decide).

Local TUPE advice

Holmes & Hills solicitors can assist you and your organisation with managing the employment aspects of a TUPE transfer and reduce legal risks or minimise potential exposure where possible. Our employment lawyers are highly experienced in:

• Commercial transactions and work alongside our corporate team who can assist you with asset purchases, outsourcing agreement and issues involved in buying an insolvent business
• Assisting you to plan and structure a business transfer and/or service provision change including identifying whether TUPE applies and to which employees will transfer/not transfer over and compiling employee liability information (ELI) or reviewing ELI
• Carrying out employment due diligence and workforce reviews
• Advising you and explaining your obligations as an employer (whether transferor or transferee) in a TUPE situation and how to effectively manage and progress the transfer
• Assisting and guiding your organisation through the employee information and consultation process
• Advising on complex issues involving Directors
• Advising on any potential restructure or reorganisation further to a TUPE transfer
• Advising on harmonising employment terms further to TUPE
• Advising on potential or actual risks to your organisation and how to best limit or mitigate against such risks e.g. unresolved disputes
• Negotiating and drafting settlement agreements
• Defending TUPE and unfair dismissal claims in the Employment Tribunal

What is the first step to getting TUPE advice?

Contact our specialist employment law lawyers for initial advice on the TUPE consultation process.

We have offices across Essex and Suffolk located in Colchester, Braintree, Witham, Sudbury, Tiptree, Halstead and Coggeshall.