TUPE
TUPE has a reputation for adding legal and commercial complexity to business sales, outsourcings and changes to service providers. We provide clear, practical support for buyers, sellers, customers and service providers, assessing whether TUPE applies, who transfers, and how to manage consultation and post-transfer integration. We provide strategic advice on how best to achieve your preferred commercial outcome, in keeping control of or apportioning potential liabilities and managing future resources (whether you are inheriting or losing employees).
TUPE issues have a reputation for creating legal complexity and unwanted commercial consequences for employers. The automatic transfer of employees from one business to another can either be an absolute necessity or a significant burden, depending on your commercial priorities.
Whether you are: (a) a buyer or seller of a business; (b) a customer that is outsourcing, retendering or bringing services back in-house; or (c) a service provider that has won, lost or is bidding for a key contract, we provide straightforward advice on the impact of TUPE.
We have significant experience of advising on how TUPE operates in the real world. Our first question is always to ask what you would want to happen (regardless of what TUPE may dictate. From there, we can help you to formulate effective strategies for dealing with the myriad of commercial issues that may arise.
We will guide you through the full lifecycle of a TUPE project, from initial preparation to complying with information and consultation requirements and facilitating effective post-transfer integration. Where needed, we can provide an assessment of whether or not TUPE is likely to apply, who may be in or out of scope to transfer (and what that means in the context of a specific transaction) and how best to tailor your commercial approach to mitigate or embrace the impact of TUPE.
We also advise clients on a range of tricky issues that arise in the context of TUPE transfers, such as managing potential redundancies (and who pays for them), replicating benefits and bonus schemes for transferring employees, the extent to which a new employer can rely on a transferring employee’s post-termination restrictions and how TUPE operates in insolvency situations.
Get advice on TUPE
Speak to our team for clear, practical guidance tailored to your circumstances.
