Takeovers, mergers and TUPE
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Our employment law team is here to guide you through the process of company takeovers and ensure that you comply with the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
We provide practical advice and support to help you navigate the legal requirements and protect the interests of your employees during a company takeover.
We provide practical and strategic advice to ensure that your business is compliant with the legal requirements and protected from potential liabilities. Our tailored approach ensures that we work closely with you to achieve your commercial objectives while minimising any risks associated with these transactions.
- If you are buying or selling a business, TUPE must be a major consideration. TUPE (Transfer of Undertakings (Protection of Employment) Regulations) protects an employee’s existing contract when the business they work for changes ownership.
- If you are selling, you must disclose Employer Liability Information (ELI) and if you are buying, you must create a TUPE process plan that integrates the ELI and ensures all employees are managed, settled and clear about their duties.
- Failing to meet these requirements can have very costly repercussions, so it is essential you have our expert legal advice and support throughout the process.
If you are thinking of buying or selling a business, you should be aware that TUPE protects employees in this situation.
TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations. In essence, TUPE protects an employee’s existing employment contract when the business or part of the business they work for changes ownership.
TUPE protects two types of transfers: business transfers and service provision changes. The TUPE regulations have a significant impact for the employer who is making the transfer and the employer who is taking on the transfer.
Employer making the transfer
The employer making the transfer must provide and disclose accurate and up to date information about the transferring employees, also known as the ‘Employee Liability Information’ (ELI), not less than 28 days before the transfer. Our team can advise you what information is classified as ELI.
Employer who is taking on the transfer
The employer who is taking on the transfer must at the outset create a TUPE process plan. They must then ensure they analyse the ELI and ensure after the transfer that all employees are managed, settled and clear about their duties. Our team will help you analyse the ELI and advise you if you need to request any further information.
Failure to follow the correct procedure can have catastrophic consequences for both the buyer and the seller. An employee could bring claims of unfair dismissal or redundancy claims if this process is not carried out correctly.
Why choose our TUPE solicitors?
At Moore Barlow our TUPE solicitors have a wealth of experience and knowledge in advising businesses on all aspects of TUPE, from mergers and acquisitions to employee transfers. We understand the complexities and potential risks involved in these situations and work closely with our clients to ensure a smooth transition and protection of their interests. Our team is dedicated to providing practical and cost-effective solutions tailored to each client’s unique circumstances. Choose us for expert advice and peace of mind during the TUPE process.
How can our TUPE solicitors help?
Our TUPE solicitors can provide expert guidance and support throughout the complex process of business takeovers, mergers, and TUPE transfers. We can help you understand your legal obligations, protect your business interests, and ensure a smooth transition for your employees. From due diligence to contract negotiations, our team has the experience and knowledge to help you navigate this challenging area of employment law. Trust us to provide practical and effective solutions tailored to your specific needs.
With our team based across our offices in London, Richmond, Southampton, Guildford, Lymington and Woking, we’re ideally placed to offer the specialist support you need, both locally and nationally.
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