Ensure full compliance and protect your business during mergers, acquisitions, and service transfers with specialist advice from Buckles Employment Solicitors.
Understanding TUPE and its impact on your business
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) safeguard employees’ rights when a business transfers ownership or when a service provision change occurs, such as outsourcing or insourcing. For employers, this means that employees assigned to the transferring entity automatically move to the new employer on their existing terms.
Failing to navigate these regulations correctly can lead to significant financial penalties and operational disruption. Whether you are acquiring a business, selling a subsidiary, or winning a new service contract, understanding your obligations is critical for a smooth transition.
Support for employers
Our experienced employment solicitors provide clear, practical advice to help you manage the complexities of workforce transfers. We support you through every stage of the transaction.
Guidance on consultation processes
We guide you through the strict legal requirements for informing and consulting with employees and trade unions, ensuring you meet all statutory deadlines and avoid costly protective awards.
Harmonising terms and conditions
Post-transfer, you may wish to align the terms of new staff with your existing workforce. We advise on lawful strategies to harmonise contracts while minimising the risk of constructive dismissal claims.
Handling complex transactions
From purchasing a business out of administration to selling only part of an organisation, our team has extensive experience dealing with substantial and complex transactions where standard rules may not straightforwardly apply.
Mitigating risk and liability
TUPE transfers carry inherent risks for the incoming employer. We help you identify and manage these liabilities before they impact your bottom line.
Avoid unfair dismissal claims
Dismissals connected to a TUPE transfer are automatically unfair unless there is an ‘economic, technical or organisational’ (ETO) reason. We help you establish valid ETO reasons and follow fair processes to protect your business from tribunal claims.
Manage inherited liabilities
When you acquire staff under TUPE, you often inherit their employment history, including potential claims for discrimination, grievances, or arrears of pay. We assist during the due diligence process to uncover these risks early so you can negotiate indemnities or adjust the commercial terms of the deal.
Secure your business transfer today
Don’t leave your transaction open to employment risks. Contact the experienced employment law team at Buckles Solicitors for strategic, commercially focused TUPE advice.
