Supporting businesses in their TUPE responsibilities
- TUPE (The Transfer of Undertakings (Projection of Employment) Regulations 2006) is the area of employment law that regulates how existing employment contracts and established employee rights are protected when a business changes ownership or there is a change in service provider (for example, a company decides to bring contracted work back ‘in house’).
- The regulations ensure that affected employees keep their existing terms and established rights if the business they work for changes ownership, and the TUPE process needs careful planning to help things transfer smoothly.
- A business that fails to correctly manage the TUPE process leaves themselves open to costly and damaging claims by employees.
Moore Barlow is highly experienced in helping businesses with the legal aspects of employment when planning and conducting a business transfer (for example, a merger or acquisition). Understanding the TUPE regulations and responsibilities and making sure that the transfer of affected employees is effectively carried out, in compliance with the law, is something that we can help all kinds of businesses to do, before, during and after the company changes hands.
How long is TUPE valid for?
TUPE is not time limited and therefore the protection it affords to affected employees will potentially continue indefinitely. This doesn’t mean that you can never try to change any of the transferring or affected employees’ terms of employment, or can never make redundancies or restructure your company. However, it does mean that you will need to make sure that any changes to employment contracts and any potential redundancies processes are carried out in a way that adheres to TUPE.
At Moore Barlow, we can help businesses that are planning or undergoing a transfer of ownership to ensure that the TUPE transfer process is followed in all of the ways required, in full compliance with UK employment law.
Handling a TUPE transfer in the wrong way can have a huge negative impact financially on the company (if claims arise as a result) and also on staff morale and business productivity.
We are ideally placed to help businesses across the UK by supporting them in relation to TUPE requirements and any other aspects of employment law. Our specialist team are based across our offices in London, Woking, Lymington, Southampton, Richmond and Guildford and we offer specialist essential legal assistance to clients nationwide.