Transfer of Undertakings

WHY GLOVERPRIEST?

Our Employment Solicitors understand that the TUPE regulations are a difficult area of employment law, and will be able to simplify matters for you and assist you during the process.

What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE is designed to implement European law, to protect employee’s rights on a business transfer.
TUPE protects all employees regardless of the size of the business. Employees automatically transfer to the new employer on their existing terms and conditions of employment.

When will TUPE apply?

TUPE applies where there is a "business transfer". This may either be as the result of a sale of a business or as a result of a change in service provider.
There are two types of relevant transfer:

• a business transfers (regulation 3(1)(a) of TUPE)
• a service provision change (regulation 3(1)(b) of TUPE).

Some transfers will be both a business transfer and a service provision change.

How We Can Help?

Employers;
Our TUPE solicitors can advise and assist you on all the key employee and TUPE issues for your transaction, disposal or outsourcing agreement and provide additional support with the help of our employment team.

Employees;
If you have been told that your employer is going to change due to the transfer of the business under TUPE and there is nothing you can do about it or you been dismissed because of the business transfer, you need to take employment advice immediately.

The regulations are complex and if you believe that the TUPE regulations apply to you then we would strongly advise that you seek legal advice.