TUPE and Outsourcing
The Transfer of Undertakings (Protection of Employment) Regulations (more commonly referred to as TUPE) have been in force, in one guise or another, for over 30 years now. Yet, it remains a piece of legislation that, when selling a business or outsourcing a particular service, people either fear due to supposed complexity or simply choose to ignore. Our Employment Team is on hand to explain, in clear terms, what TUPE is, when it applies, what will happen as a result and what our clients need to do.
Working with teams across the firm, including our Commercial, Corporate, Insolvency, Pensions and Property Teams, we provide focused and easy to understand advice to ensure our clients know exactly what they are buying or selling. When it becomes clear that TUPE will apply and that employees will transfer as a result, we conduct expert due diligence to flag to the buyer any potential headaches or claims that they may inherit, and advise on the commercial implications accordingly.
We are regularly called upon by our clients (be they seller, buyer, insolvency practitioner or service provider) to advise on the opportunities for and implications of changing terms and conditions or dismissing transferring employees. We assist both parties to the transaction in informing and consulting with any employees who will be affected by the deal.
We also conduct due diligence, when appropriate, to flag any potential issues which may arise as a result of TUPE.
Our role in any TUPE transaction, as we see it, is to minimise risk, to drive things forward and to make the complex simple.