TUPE Transfers

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply when businesses are bought and sold. To ensure that you understand your obligations with regards to TUPE, our HR Business Partners can provide straightforward and practical advice.

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Some reasons you may need outsourced HR advice regarding TUPE transfers include:

  • You require impartial advice from external professionals on whether TUPE will apply in a specific scenario
  • You do not have a dedicated HR team to advise you on TUPE and how it needs to be managed
  • Your current HR team does not have the capacity, or lack the specialist skills to handle challenging TUPE matters

Regardless of your individual circumstances, our experienced HR Business Partners will be on hand to lend their support and expertise. We work closely with our employment law team to attend client sites in person or virtually.

Benefits of working with our HR Business Partners

  • Gain a comprehensive understanding of the TUPE process
  • Clarify your rights and obligations, as well as those of your employees
  • Reduce the risk of any disputes with clear TUPE advice
  • Avoid the potential for future HR problems by having robust procedures in place

We offer accessible HR advice for employers, including in relation to TUPE transfers. Our CIPD qualified and highly trained HR Business Partners provide tailored advice on TUPE transfers to businesses of all sizes and industries.

Here are just a few of the things we can help with:

Our HR Business Partners can provide support with all matters relating to TUPE, including:

Don’t see what you need help with on this list? Our HR Business Partners have substantial expertise and are well positioned to advise on most issues that employers will have to deal with.

Speak to our TUPE transfer solicitors today

If you’re looking for outsourced HR advice on TUPE transfers, get in touch with our experts today.

Contact us on 0131 270 7700, visit our offices in EdinburghGlasgowEast Lothian or Shetland or fill in our enquiry form at the bottom of the page to request a call back.

Our TUPE transfer expertise

TUPE transfer process and management

The TUPE process can be a complex one, with there being several actions that need to be completed to ensure that an individual employee’s rights are protected. Having bespoke legal advice can help to ensure you understand the process and how the TUPE regulations work.

Our HR Business Partners can offer practical support and management of a TUPE transfer, including in relation to the election of employee representatives, duty to inform, employee rights under TUPE, employee TUPE transfer letters and the consultation process.

TUPE disputes

Disputes can unfortunately arise during TUPE transfers, often involving the new employer and employees. No matter what the dispute entails and which party raises the issue, it is important that these matters are dealt with as efficiently and amicably as possible.

During a disputed TUPE situation, we can make the most of various alternative dispute resolution methods to find a suitable way forward that is in the best interests of all parties.

Post-TUPE guidance

We understand that TUPE transfers can be a hugely disruptive process and can leave employees feeling uncertain about what is likely to happen moving forward.

After a TUPE transfer has gone ahead, our team will provide long-term guidance and support on your obligations.

What is TUPE?

TUPE stands for the “Transfer of Undertakings (Protection of Employment) Regulations 2006″. Generally, the purpose of these regulations is to protect employees’ rights when the whole or part of a business is taken over by a new employer. If TUPE applies, the employees’ employment will transfer to the other organisation.

That can happen when work is outsourced or when a tender is lost, when businesses merge, or when one business purchases certain parts of another business. There are important considerations for all parties involved and it is essential that the relevant responsibilities are considered and dealt with from the outset.

The applicable employees will automatically transfer from the outgoing employer to the new employer on their existing terms and conditions of employment on the agreed date of transfer. The new employer will effectively step into the shoes of the outgoing employer.

Both the outgoing employer and the new employer have an obligation to inform and (if appropriate) consult with either recognised trade unions or elected employee representatives (where there is no recognised union) in relation to any of their employees who may be affected by the TUPE transfer.

If either employer fails to comply with their information and consultation obligations with appropriate representatives under TUPE, they risk having compensation awarded against them by the Employment Tribunal. A Tribunal can award a sum of up to 13 weeks’ gross pay for each affected employee.

In addition, there may also be circumstances where redundancy consultation procedures will be required. Employers will need to ensure that a fair process is implemented if they need to make employees redundant.

When does TUPE apply?

TUPE will apply where there is a relevant transfer. There are two types of relevant transfer to be aware of:

Business transfer

This includes the transfer of a business, undertaking or part of a business or undertaking. The identity of the employer must change to be protected under TUPE during a business transfer.

Service provision change

This is where a service provided in-house is awarded to a contractor, a contract ends and it is given to a new contractor, or a contract ends, and work is transferred in-house by a former customer.

Only employees who are identified as providing the service being transferred are protected.

Why work with us?

  • Decades of specialist employment law and HR expertise for a wide range of clients
  • Strong skills in amicably resolving employment disputes
  • High level experience with Employment Tribunal claims
  • A complete service for all aspects of employment law and HR

Speak to our TUPE transfer solicitors today

If you’re looking for outsourced HR advice on TUPE transfers, get in touch with our experts today.

Contact us on 0131 270 7700, visit our offices in EdinburghGlasgowEast Lothian or Shetland or fill in our enquiry form at the bottom of the page to request a call back.