TUPE advice

TUPE advice

"The level of service and speed of response .. provided . is highly impressive. ... Well regarded for ...TUPE and business reorganisations."

Chambers

The Transfer of Undertakings (Protection of Employment) Regulations 2006 - TUPE - is a complex piece of law that can apply to corporate and commercial transactions.

Not only can it be a struggle to fully understand the numerous legal obligations under TUPE, but it is often hard to recognise when you might have to worry about it. 

We frequently advise clients on the circumstances when TUPE can apply, and help them identify the practical and financial implications for them so that they can anticipate these and ensure that their agreements protect their interests, whether on the straightforward sale of a business or outsourcing of a service, or services to one or more contractors.

If TUPE applies, we will explore the commercial issues with you and the extent to which your commercial arrangements can be made, plus any practical steps that can be taken to mitigate these; for example the way in which work is organised and the terms on which you contract out your services.

Informing and consulting can be a particular headache for employers. Our experience shows that communication with employees and their representatives is key. We can add value by helping your business with the necessary internal PR, enabling you to win 'hearts and minds' and ensure a smooth transfer.

We work closely with our pensions experts to advise on the pensions aspects of a transaction to which TUPE applies, and together we are able to advise clients on the specific issues attaching to the award of public sector contracts.

Our employment specialists are used to guiding clients through the TUPE minefield and can help you find practical solutions to the commercial problems of dealing with TUPE. 

Work highlights

  • Advising an insurance company on its joint venture with a major retailer to develop a new insurance business, wit h its employees initially providing support and the business transferring after five years. Advice included the drafting and negotiation of detailed provisions to apportion liability for employees dependent on the timing and circumstances of any exit
  • Regularly advising an international relocation company on the TUPE issues arising on the award and termination of its contracts to provide on-site and remote relocation services
  • Supporting the in-house legal team of an international catering business on the TUPE aspects of its contracts with the public and private sector, including employment and pensions issues on its tenders to provide services to 38 MOD sites, PFI hospitals and universities
  • Coordinating advice on the TUPE and ARD aspects of the global outsourcing of a multinational manufacturer's IT support and negotiating the employment and exit provisions in the new supplier's contract
  • Advising a manufacturer on the TUPE aspects of the termination of a contract with its key construction company employing over 350 employees, including untested issue with regard to delay, service provision change and the fact the new contractors had not been identified
  • Advising on the simultaneous transfer of employees into and acquisition of a target company and subsequent integration of employees in to the purchaser's business