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TUPE Transfers & Business outsourcing.

If your business is considering a TUPE transfer or is part of a transfer, it is important to be mindful of the common pitfalls for employers, which we can assist you with, and ensure you avoid.

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TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) is a notoriously complex area of employment law.

The TUPE regulations may apply if your business, or a part of your business transfers to a new owner, or merges with a different business. TUPE regulations also apply when outsourcing work i.e., when a contractor takes over activities from a client, or in- sourcing, when a client takes over activities from a contractor and re-tendering, when a new contractor takes over activities from another contractor.

There is a legal obligation on businesses to inform and consult with Trade Unions and individual workers, when a TUPE situation arises, and if the business is involved in a transfer of any sort, it is important to seek legal advice about the obligations and issues which arise and we can guide you through this often-difficult area.

Additionally, it is important to understand when TUPE does not apply, this will of course require analysis of your particular business needs and situation, however, broadly speaking, TUPE does not apply in circumstances when a transfer of shares takes place, when there is a transfer between public administrations, when there is a transfer of assets where there is no transfer of the business as a going concern, or when an undertaking to be transferred is situated outside the UK. This is not a definitive list and there are case law exceptions, however, our experienced Employment Lawyers can advise you with regards to any TUPE issues that you may have.

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