TUPE
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TUPE (The Transfer of Undertakings (Protection of Employment) Regulations 2006) is the legal framework that governs the transfer of business to a new employer, and protects the rights of employees during this process.
The main aim of TUPE is to ensure that a business transfer does not unfairly disadvantage transferred workers, by preserving continuity of employment. This means that workers employed by the previous employer (the “transferor”) automatically become employees of the new employer (the “transferee”) on the same terms and conditions when the transfer takes effect (except for certain occupational pension rights).
TUPE applies to both public and private sector undertakings, regardless of size or number of employees. The Regulations also apply to businesses that do not operate for financial gain, such as charities.
In addition the TUPE Regulations apply to “changes of service provider” which will cover the vast majority of outsourcing, insourcing, and contract change scenarios.
How We Can Help
Employment law can be a complex area, and it is essential that you understand the legal implications of TUPE and how this may affect your staff. If you are planning on transferring all or any part of your business to a new employer, it is important to seek expert advice on how to navigate the rules carefully.
At Healys, our team of specialist lawyers are experienced in dealing with all aspects of TUPE transactions and can provide comprehensive advice on the legal implications of a transfer, practical options available to you and likely outcomes. We have substantial expertise in drafting documentation for the consultation process and will help you to ensure that it is carried out in line with all regulations.
Whether you are a large-scale organisation or an independent business owner, if you are planning a transfer, our team will guide you through the whole process and work with you to achieve a swift outcome that is beneficial for all.
