Support for your business
TUPE and Outsourcing
Transfer the risk to us
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), is designed to protect the rights of employees if a business comes under new ownership, usually through acquisition or merger. We provide firm, clear advice and a friendly, personal service to help you navigate the nuances and complexities of the legislation and put your mind at rest.
Under TUPE, the rights and liabilities of employees are transferred from the old employer to the new employer by operation of law. Whether you are ‘losing’ or ‘receiving’ employees under a TUPE process, we’ll make sure you meet the strict obligations imposed upon you.
We get TUPE
We’re experts in advising a wide range of firms on the three types of ‘relevant transfer’ that fall under TUPE:
- Where you sell or buy part or all of your business as a going concern or outsource a service (e.g. where services transfer from the company to an external contractor).
- Where there is a subsequent outsourcing event (e.g. where services transfer from the first external contractor to a different external contractor).
- Where there is insourcing (e.g. where services transfer from an external contractor back in house).
These three scenarios are known as a “service provision change”.
Depending on whether you are ‘losing’ or ‘receiving’ employees under a TUPE process, your obligations will differ greatly. We’ll ensure you meet the strict legal obligations imposed on all parties to provide information and consult with any affected employees about the transfer.
We protect your interests at all times
Failure to comply with TUPE obligations can result in significant liabilities such as an award of up to 13 weeks' pay for each affected employee and compensation for any unfair dismissal, unpaid wages, bonuses or holiday pay. We’ll make sure you follow the letter of the law so you’re not liable for these costs.
We always look at what’s best for you, not us
Everyone on our team has a desire to find better ways of doing things on your behalf and our number one priority is always to protect your asset and interests. We’ll always give you the firm, pragmatic advice and direction you need, so you have the confidence to act.
City expertise without the City fees
Many of our Employment team have worked in the City’s top firms and bring wide-ranging experience and broad business acumen. We offer you firm, pragmatic advice and direction, but without the EC1 fees. What’s more our extensive contacts in your sector could help you develop new investment opportunities and grow your business network.
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Get in touch
Talk to us about your legal challenges and discover how our expert, pragmatic legal advice and broad commercial acumen can help.