Transfer of undertakings and business sales
When a business (or part of a business) is bought or sold or where there is a service provision change, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (more commonly known as “TUPE”) and The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulation 2014 will apply.
Under TUPE, the existing employees of a business will transfer to a new employer, remaining protected under the terms and conditions of their previous employment contract. There are also various timely and complex obligations both old and new employers have to undertake.
TUPE is a complex area of law and can be seen to slow down commercial transactions but rushing and/or getting it wrong can lead to unfair dismissal claims and claims for protective awards by employees. This in turn can lead to costly disputes over liability between the old and new employer. Our dedicated and expert employment law solicitors advise and guide businesses, successfully minimising the risk of employment law disputes and claims arising from TUPE matters whilst offering practical, commercial advice. Get in touch today to find out how we can help protect your business and its employees.