TUPE Solicitors
Our Employment lawyers can advise on the application of TUPE, including its impact on employment relationships, effects of a transfer of employment and employee consultation obligations.
TUPE & Reorganisations
The Transfer of Undertaking (Protection of Employment) Regulations, widely known as “TUPE”, imposes several obligations and legal implications on businesses during a business sale or acquisition process. Our Employment team is experienced in providing advice on the applicability of TUPE, including its impact on employment relationships, effects of a transfer of employment and employee consultation obligations.
We are regularly engaged by clients on acquisitions, insolvency situations and changes in service provider. As well as advising on TUPE, we are experienced in assisting with the due diligence process and providing advice on the protections to build into any acquisition documents with regards to employees.
FAQs
What does TUPE stand for?
TUPE stands for Transfer of Undertakings (Protection of Employment). It is a set of regulations in the United Kingdom that are designed to protect the employment rights of employees when their business or part of it is transferred to a new employer.
When does TUPE apply?
TUPE generally applies in two main situations:
- Business Transfers: When there is a transfer of an economic entity,
- Service Provision Changes: When a client changes service providers or brings services in-house, and the activities remain essentially the same.
What does TUPE mean for employers?
TUPE provides protection to employees during the transfer process. Their employment contracts, terms, and conditions are generally protected, and the new employer is required to honour these arrangements.
Employers involved in such transfers have specific obligations, including informing and consulting with employee representatives, providing information about the transfer, and ensuring that employees’ rights are preserved through the process. It’s advisable for employers to seek legal advice to ensure compliance with TUPE regulations when facing situations where the regulations may apply.
What are the consequences for breaching TUPE?
Breaching the TUPE regulations can give rise to a number of potential claims. An employment tribunal can award up to 13 weeks’ gross pay for failure to inform and consult with employees. Any dismissal for which the sole or main reason related to the TUPE transfer would be considered an automatically unfair dismissal.
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