In situations where the (Transfer of Undertakings, Protection of Employment) Regulations (TUPE) apply, an employee’s role will in certain circumstances be transferred to a different employer as a matter of law, not a choice. This often leaves employers unsure about their obligations and consultation requirements and from the perspective of affected employees, this can leave them concerned and confused about what this means for them and their future.

Our Employment Solicitors and Barristers can assist by looking at the scenario and ascertaining whether TUPE applies, advise on the process involved to comply with the legislation and offer guidance and assistance to ensure getting it right.

We have a team of experts skilled in guiding both employers and employees through TUPE related issues. If your organisation is involved in a transfer of ownership, outsourcing of work, change in contract provider or sale or purchase of assets, then we will deliver practical bespoke advice that will ensure all relevant requirements of the TUPE regulations are met and potentially costly claims are avoided.

If you are concerned about your position or employment status as an employee, please call our team for further information.

Initial Telephone Discussion

Our highly experienced solicitors will provide expert advice and assist you. Please call us for an initial no-charge discussion on 01256 460830 or email us at [email protected].

Our Employment Solicitors and Barristers are on hand to help employers comply with the regulations and procedures involved in TUPE for both businesses involved in the transfer, including:

• Deciding whether TUPE applies
• Consultation requirements
• Information requirements
• Trade union or collective consultation requirements
• The obligation to appoint employee representatives
• Consultation with employee representatives
• Individual consultation
• Complying with obligations to provide employee information
• Considering and managing the arrangements for transfer
• Considering whether there will be any job losses and managing the same
• Identifying and helping to remove risks through adequate consultation and due diligence
• Considering any required equalisation of terms and how these will be managed and when
• Managing employee relations
• Understanding workforce issues from the outset

What does TUPE mean for employees?

As an employee, it is understandable that you may be confused and concerned about your position if your role is transferring to another business.  You will wish to know if TUPE applies and what it means for you if it does or does not apply. If TUPE applies to your role, then:

• You should be included in a consultation process and be told how you and your role will be affected;
• If you transfer as a matter of law, you will transfer on your existing contract terms.  Only your pension provisions may be different
• Your continuity of employment is maintained
• You maintain your rights to bring a claim against your original employer (as well as the new one) for redundancy pay, unfair dismissal, discrimination and bonuses etc

If you believe that your employer has failed to comply with TUPE, we recommend that you get in touch with our Employment Solicitors and Barristers as soon as possible, so that we can give you the appropriate advice.

Our Fees

Where possible we will offer a fixed fee, so you will know what the costs are from the start. For more complex or uncertain projects, we will provide you with an estimate of the likely fees involved and keep you updated throughout the matter.

How to get in contact

Our Employment Law Solicitors are on hand to provide expert advice and assist you wherever you are based. Please call us for a no-obligation, initial discussion on 01256 460830 or email [email protected].

Our offices are based in Basingstoke and we assist clients across the country.