TUPE applies to employees of businesses in the UK irrespective of size, turnover or amount of employees. As long as you employ someone – it affects you. Our employment law team can support you throughout the process of your business restructure and ensure you are protected from potential disputes. The TUPE regulations apply to business transfers and service provision changes.

Yes, we are regulated by the Solicitors Regulation Authority and must adhere to their professional conduct standards at all times. We are regularly audited and always work in our clients best interests.

The question of whether TUPE does apply is not always clear cut or obvious. TUPE brings with it an element of uncertainty and therefore, on the transfer of any business or change of service provision, legal advice should be sought. Our team have extensive experience advising clients to ensure their legal obligations are met in relation to TUPE.

TUPE has been found to apply to:

1. Mergers.

2. Sales of businesses by sale of assets.

3. A change of licensee or franchisee.

4.The inherited gift of a business.

5. Transfers from companies in administration.

6. Contracting out of services.

7. Changing contractors.

8. Selling or transferring all or part of a sole trader's business or a partnership.

In the event that an employee opposes an exercisable transfer which would ordinarily take effect by virtue of TUPE then the employee’s contract of employment will not automatically transfer. Instead, through operation of law, the contract will terminate when the transfer of the business takes effect. A termination in this manner would not be classed as a dismissal.

Before a transfer of ownership takes place, employers have an obligation to consult and inform trade unions or employee representatives when, why and the effects of the transfer as well as information regarding the use of agency workers.

If employers fail to consult and inform then they run the risk of having to provide the employees with 13 week’s uncapped pay. In the event of a penalty of this kind, the transferor and transferee can be jointly and severally liable.

Smaller companies (less than 10 employees) are able to consult and inform directly with their employees if there are no appropriate representatives available with which to consult.