Expert support to manage TUPE Transfers
As you’re on this page, we’re going to assume that you know a bit about the legislation surrounding TUPE transfers and you’re looking for help because you think (or know) that it applies to a business transaction with which you’re involved.
Whether you’re the outgoing or the incoming employer, you’re going to have obligations under TUPE legislation. You need to make sure you fulfil these obligations.
We can guide you through the process to make sure that you undertake the correct consultations, get or provide the right information to the other party and support you with the full range of activities that you need to complete in order to manage the smooth transfer of employees.
For more details, see our TUPE FAQ
Key Service Features
for Managing TUPE Transfers
Support from a qualified HR consultant assigned to your business
Support in preparing for TUPE consultations with your employees
Documentation that helps to ensure you meet your TUPE obligations
How We Can Help You
TUPE is a complex area of legislation and it’s not something you should try to navigate alone. We can help you by:
- Provide advice and guidance on the steps that you need to follow to ensure you fulfil your legal obligations
- Provide you with the documentation that you need to provide to your employees
- Conduct the consultation on your behalf
- Support you with the collation or review of due diligence information
As we said, don’t try and go alone on this one. You should seek professional guidance if you are going through a TUPE process.
“As a small business owner with developing needs and challenges, it’s been invaluable having a trusted partner on hand to guide and advise us.
LighterHR gives us confidence to make clear, concise decisions.
Ian Tomalin-Hall
CEO, Grammatik
TUPE Support Frequently Asked Questions
What is TUPE and what does it stand for?
TUPE stands for Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014.
They were designed to protect employees when there is a change in ownership or service provision. The aim of the legislation is to ensure that employees are treated fairly in these scenarios and that they don’t suffer any detriment simply because of the transfer.
We really can’t stress enough just how complicated this legislation can be. We’d have to write the longest set of FAQs in history to cover all of the nuance. If you think TUPE may apply to a business transaction in which you’re involved, seek help.
Who has responsibilities under TUPE?
The legislation for TUPE transfers impacts the employer making the transfer (also known as the outgoing employer or the transferor) and the employer taking on the transfer (also known as the incoming employer, the new employer or the transferee).
TUPE regulations carry tricky legal requirements that both parties must satisfy, especially when factoring in preparations for losing or taking on new employees.
When does TUPE apply?
In short – if a business transaction sees something other than shares transfer from one business to another then it’s probable that TUPE will apply.
We’ve written a blog post on when TUPE applies and it’s worth a read.
What’s the risk of managing TUPE without professional help?
Whether you’re the outgoing or incoming employer, you could find yourself in an Employment Tribunal if you don’t fulfil your obligations. Simply failing to fulfil your obligations to inform and consult can lead to a protective award of 13 weeks’ pay per affected employee.
And then there are other claims that can come from TUPE transfers if you need to take actions such as reduce headcount or harmonise terms and conditions in order to make the transaction commercially viable.
There are some areas of HR when, with some research, you can probably have a reasonable attempt at dealing with the situation yourself. We’d suggest that TUPE isn’t one of them!
What Do I Do Now?
You can get support with your TUPE transfer as soon as you need it.
To understand the options for managing TUPE, no matter where you are in the process, use the sidebar to book a consultation, complete the contact form or call us on 0203 535 5750, and our team will start helping you straight away.