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TUPE Solicitors
When a business changes its ownership, the Transfer of Undertakings (Protection of Employment Rights) Regulations 2006 (TUPE) are likely to apply. TUPE is designed to protect employees by transferring all liabilities, responsibilities, and obligations from the old employer to the new one. It is crucial for business owners to determine if TUPE applies to their transactions and understand how to comply with the regulations to minimise the risk of claims.
Understanding the Purpose
TUPE ensures that employees’ contracts are transferred from the old employer to the new one during a change of ownership. It applies to all UK businesses, from sole traders to multinational companies, and covers various types of transactions. TUPE regulates both the old and new employers.
Relevant Transfers
TUPE applies in cases of a “relevant transfer,” which typically includes:
- Sale and purchase of all or part of a business.
- Change in service provider, such as outsourcing services to a contractor, transferring to a new contractor, or bringing services back in-house.
- Grant of a lease or licence of premises where the same business continues from those premises.
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Who We Can Help
We are here to support businesses of all sizes navigating any ownership change, including mergers, acquisitions, and transfers. Whether you’re the acquiring or transferring company, our team can seamlessly integrate into your existing process.
We work with:
- Business Leaders: Gain clarity on your TUPE obligations and ensure a smooth, compliant transition.
- In-House Legal Teams: We provide specialised TUPE expertise to bolster your existing resources.
- HR Teams: Benefit from our guidance on employee communication, information sharing, and change management.
No matter your specific needs, we offer tailored support at any stage of the TUPE process. From initial assessment to complete project management, we’ll ensure your business transitions successfully and minimises disruption.
How Your Business Benefits
Non-compliance with TUPE can lead to claims and penalties. We help you:
- Meet your TUPE obligations and reduce the risk of claims and penalties.
- Ensure your business is protected throughout the transfer process.