Transfer of Undertakings

Our Employment solicitors advise both employers and employees in relation to the Transfer of Undertakings (Protection of Employees) Regulations (TUPE)

How we can help

Our Employment lawyers advise and deal with the practical steps for the transfer of employees to an alternative business, such as in a merger or takeover situation. Any employee transfer must be done in accordance with the Transfer of Undertakings (Protection of Employment) Regulations, commonly referred to as ‘TUPE’.

The TUPE regulations protect the rights of employees when they are transferred to a new employer. The employees must transfer to the new employer under their existing terms and conditions and with their length of service intact.

The TUPE regulations provide for certain notices to be given and requirements to be met when transferring employees to a new business. If an employer fails to follow the requirements of TUPE then they may be subject to a claim in the Employment Tribunal and subject to penalties.

Our Employment lawyers advise as to how TUPE applies in various situations and will ensure businesses and organisations comply with all of the regulatory requirements including informing employees of a proposed transfer, consultation on the potential changes to working practices and communicating the various stages and final decision. Our Team often work closely with our Commercial & Company lawyers to ensure that any sale and purchase agreement provides for the necessary protections under the regulations.

We can also advise individual employees going through the TUPE process as to their rights and the employer’s obligations.

Our Employment Team

Director, Head of Department & Solicitor
Freddie graduated from Newcastle University in 1992 with an Honours Degree in Combined Studies, focusing on history and politics…
Director & Solicitor
Caroline graduated from the University of the West of England in 2001 with an LLB (Honours) Law Degree…
Trainee Solicitor (SQE)
Holly graduated from Bournemouth University in 2020 with a BSc (Honours) in Forensic Biology, before completing her Graduate Diploma in Law at the University of Law Guildford in 2021…
Trainee Solicitor
Lucy graduated from Reading University in 2019 with a degree in Philosophy and Politics…
Jenny graduated from Bournemouth University in 2021 with an LLB (Honours) Law Degree…

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