Transfer of Undertakings TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protects employees’ terms and conditions of employment when a business is transferred from one owner to another.

Obligations to inform (and if necessary) consult with representatives of your affected employees will arise when TUPE applies, regardless of whether you have one affected employee or hundreds.

A failure to do so can result in an award of up to 13 weeks’ actual pay for each affected employee.

We can help you navigate TUPE

We can offer you client-focused and commercial advice. We also regularly work alongside our corporate team providing assistance on transactions where specialist employment law knowledge is a vital part of the successful completion of outsourcing deals, mergers and acquisitions.

We can help you navigate TUPE in a number of ways including provision of the following:

Advice as to whether or not TUPE applies to a given scenario
Advice on the implications where TUPE does or does not apply
Guidance on a transferor and transferee’s statutory consultation obligations with individual staff and employee representatives
Advice on due diligence where applicable and on seeking and negotiating warranties and indemnities in any agreements
Advice on dismissals and/or changes to terms and conditions before or after a TUPE transfer
Advice and representation where a breach of the TUPE Regulations is alleged