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Our Employment solicitors advise both employers and employees in relation to the Transfer of Undertakings (Protection of Employees) Regulations (TUPE)
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.
W Davies Solicitors (Registered Office)
Acorn House
5 Chertsey Road
Woking, Surrey
GU21 5AB
W Davies Solicitors – London Office
Hamilton House
1 Temple Avenue
London
EC4Y 0HA
