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Head of Practice Area - Employment
When a business changes hands, workers’ jobs are protected by TUPE regulations.
If you are buying or selling a business, or are looking to merge or be taken over, you need to understand your legal obligations towards the employees concerned. TUPE also applies in situations where you are outsourcing or insourcing functions, or tendering for work. You need to know what the affects of TUPE and the impact this will have on employees.
Our employment lawyers work with you before, during and after TUPE transfers. We work with you to assess the potential impact a change of ownership or role would have on individual employees, and we ensure you comply with the strict rules on informing and consulting with your workforce during any such process. Penalties apply if the process is conducted wrongly; there is always the possibility of workers bringing tribunal claims if their positions are not safeguarded in the way they should be. We’ll make sure that you take the right steps at the right time and that your business is protected.
Once a transfer has taken place, our team will support your transition as either transferor or transferee. Your TUPE obligations will continue. You may need to manage staff and harmonise the terms and conditions of a newly amalgamated workforce. Care must be taken to ensure that workers’ rights are honoured and that the practical effect of change has an advantage to your business.