Transfer of undertakings (TUPE)

Transfer of undertakings (TUPE)

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) is designed to protect employees during periods of change, including:

  • Transfers of ownership (i.e. when you sell or buy a business)
  • Bringing services back in-house
  • Outsourcing
  • Re-tendering of contracts

As an employer, there are many risks around a TUPE transfer, including that a TUPE-related dismissal can be held to be automatically unfair. The TUPE regulations are very complex and it is important you understand the detailed considerations that need to take place when there are outgoing and/or incoming employees.

We will guide you through your obligations as an employer, with clear advice that ensures as smooth a transfer as possible, with the minimum risk of a dispute arising. We can also assist you if you are already involved in a TUPE issue, with effective advice on the best way to move forward.

We provide full support to our corporate commercial team on employment matters that may arise in transactions, such as the sale of businesses and properties.

We are also well placed to assist in the event of a claim being brought against your company by former employees. In particular we have experience in advising:

  • National and multinational organisations;
  • The retail, franchising and recruitment sectors;
  • Schools and colleges;
  • Insolvency practitioners.

Our specialist employment team has the experience and knowledge your business needs to steer you through the vagaries of TUPE.