Onboarding and TUPE

Recruitment

From offer letters to TUPE: Legal support every step of the way

In the ever evolving world of employment law, navigating the complexities of recruitment and employment contracts requires expert legal guidance. From drafting legally sound employment contracts and robust handbooks to advising on recruitment processes and ensuring compliance with Equality Act 2010 and other relevant legislation, our specialist employment is on hand to provide comprehensive support. 

We advise on all stages of the employment lifecycle, including pre-employment checks, employment status, offer letters, restrictive covenants, and termination clauses. Whether you are expanding your workforce or seeking to protect your business interests, our experienced lawyers provide clear, practical advice tailored to your specific circumstances.

Recruitment

Recruiting new employees is a crucial process for any business, but it also presents a range of legal risks. From advertising roles and managing applications to conducting interviews and making offers, each stage requires careful consideration to ensure compliance with employment law. Our employment law team provides expert guidance on navigating these complexities, helping you mitigate potential risks and avoid costly disputes. We advise on issues such as discrimination, data protection. right to work checks and ensuring fair and transparent recruitment practices.

By partnering with us, you can establish robust recruitment procedures that minimise the risk of legal challenges. We can assist with drafting job descriptions, developing effective interview strategies, and conducting compliant background checks. We also advise on making conditional offers of employment, including challenging restrictions for incoming staff members,  and handling sensitive information during the recruitment process. Our goal is to help you build a strong and legally sound workforce while protecting your business from potential liabilities. 

TUPE

TUPE: Navigating Business Transfers and Service Provision Changes

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees' rights when a business or part of a business is transferred to a new owner, or when a service provision changes hands. Understanding TUPE is crucial for employers involved in these situations, as it can have significant implications for your workforce and your legal obligations. Our employment law team provides expert advice and support to help you navigate the complexities of TUPE and ensure a smooth transition.

What is TUPE?

TUPE is designed to safeguard employees' terms and conditions of employment when a business or service is transferred. It automatically transfers the employment contracts of affected employees from the old employer (the "transferor") to the new employer (the "transferee").

Two Main Types of Transfers Covered by TUPE:

Business Transfers: This can occur when: 

• An entire business is sold or transferred to a new owner.
• Part of a business is transferred to a new owner

Service Provision Change: This can occur when:

• A client outsources a service to a contractor (first generation outsourcing).
• A client brings a service back in-house (insourcing).
• A client changes from one contractor to another (second generation outsourcing).

How We Can Help You Manage TUPE Transfers:

Our expert employment law team can assist you with all aspects of TUPE, including:

• Determining Whether TUPE Applies: We can advise you on whether a particular transaction constitutes a TUPE transfer.
• Managing the Information and Consultation Process: We can help you prepare for and conduct effective information and consultation with affected employees.
• Managing Post-Transfer Integration: We can advise on managing the integration of transferred employees into the new organisation.
• Addressing TUPE Disputes: We can represent you in any employment tribunal claims arising from a TUPE transfer.

Our team has extensive experience in advising employers on all aspects of TUPE. We understand the complexities of the regulations and can provide practical, commercial advice to help you navigate these transactions smoothly and minimise potential risks.