TUPE can be complex and daunting for any employer, so looking for professional support throughout this process is usually your best option.
What is TUPE?
TUPE refers to the Transfer of Undertakings that a business must undergo during a merger or acquisition, or when a business changes owners.
TUPE Regulations 2006 ensure that an employees’ terms and conditions are preserved when a business is transferred to a new employer. It effectively facilitates the automatic transfer of employees’ contracts of employment from one employer to another.
When does TUPE apply?
There are two situations in which TUPE applies:
Business Transfers – This is when a business is sold in its entirety, or a particular part of the business is sold onto another person or Company i.e. a merger or takeover.
However, TUPE will not apply to a mere change in ownership unless it involves integration into another business, or the shareholder does more than a shareholder would normally do.
Service Provision Changes – A transfer will also be required through what is termed a service provision change. This is essentially where a particular piece of work is either outsourced to a contractor, taken in-house from a contractor, or changed from being provided by one contractor to another. A transfer of this nature would be effected provided that there are employees who are principally carrying out the activities concerned and provided the services transferring are ‘fundamentally the same’ as the activities carried our pre-transfer.
Need support with TUPE?
Our Employment Law Consultants have years of experience when it comes to successfully carrying out TUPE for businesses.
It is a complex process and can lead to redundancies, employee objections, effects on pension schemes and so much more, that’s why it is important that you fully understand your obligations and how to compliantly complete the procedure with as little impact on your business as possible.
With our extensive support, we can guide you through TUPE from start to finish to ensure that all your I’s are dotted and T’s are crossed making it as pain-free as possible.
As with all of our services, we can guarantee a professional and bespoke approach to TUPE which includes:
- Unlimited over the phone/email advice from your dedicated consultant
- Access to a comprehensive TUPE guidance document written by a qualified employment law expert
- Your named consultant sitting in on consultations
- The drafting of bespoke letters such as employee notifications and transferer and transferee letters
If you would like to learn more about our TUPE support service, then call us today on 0845 2626 260