Buying or selling a business?

TUPE applies to a number of different business transactions it is therefore essential that employers of all sizes understand what employment liabilities can arise. TUPE can apply when employers:

• Sell or buy part or all of a business as a going concern; 
• Outsource or make a “service provision change” involving either (a) an initial outsourcing of a service (e.g. where services transfer from the customer to an external contractor); (b) a subsequent transfer (e.g. where services transfer from the first external contractor to a different external contractor; and (c) bringing the service back in-house (e.g. where services transfer from an external contractor back to the customer) 
• Grant or take over a lease or license of premises and operate the same business from those premises.

When Should An Employee Seek Out a TUPE Solicitor?

Over the past several decades, consolidation and cost-cutting in the business world have been a part of daily life. Companies across the entire spectrum of the economy have sought to satisfy shareholders or gain a competitive advantage by absorbing other businesses, outsourcing vital processes, and creating economies of scale. Unfortunately, this practice often leaves employees out in the cold.  

TUPE was designed to address the negative impact on employees wrought by mergers, outsourcing, downsizing, and various other contemporary business practices whose sole aim is to maximise profits by reducing costs. If the company you work for is involved in any of the activities outlined above and you feel your rights and entitlements are in danger, contact the team at Frederick Solicitors.

We recommend that you contact us before deciding whether to launch an Employment Tribunal Claim so that we can advise you on the relative merits of your case and assess your chances of success. Our experienced employment solicitors can provide you with the legal support you need to ensure you are able to effectively protect your position.

TUPE Advice for Employers

The motivations behind TUPE are clear and easy enough to understand, but in practice, TUPE is one of the most complex pieces of employment law ever devised. Its simple concepts have far-reaching implications that can affect everything from maternity leave to GDPR compliance. If the TUPE landscape is not navigated carefully your business could be awash in employment tribunal claims in the blink of an eye.

If your business is currently involved in TUPE-related activities, or activities with potential TUPE ramifications, it is imperative that you have access to expert legal advice in order to avoid potentially costly missteps. The team at Frederick Solicitors can provide expert guidance, assistance, and, if necessary, legal representation that will help fend off problems that could undermine your plans.

Frederick Solicitors will provide you with expert guidance at every step by reviewing any agreements before you sign them to uncover potential TUPE issues, helping you understand the T&Cs of incoming and outgoing employees, helping you devise a framework for informing and consulting with affected employees, and more.

Speak to one of our TUPE experts for guidance today.