Expert support for managing TUPE transfers
Managing what happens to your employees during transfer of ownership
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, and 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.
Please note: TUPE transfers aren’t easy to navigate on your own and it’s definitely something that we suggest you get professional help to deal with.
Flexible Support for
Guidance on the Essentials
You’ll have guidance on the right steps to follow, be provided with templates to complete, and will have support by phone and email.
Full Support with TUPE Transfers
We’ll be with you every step of the way. We can support you in discussions and due diligence activity, provide you with all of the documentation that you need to engage with your employees, support you with any structural changes that you need to make as a result of the acquisition, attend meetings with you and deal with questions from employees.
Key Service Features
for TUPE Transfers
Guidance from an HR TUPE transfers specialist to address legal considerations
Support with ensuring that you receive the correct information from the outgoing employer
Support in preparing for TUPE consultations with employees
Documentation that helps to ensure you meet your TUPE obligations
See our TUPE Transfers FAQ for more details
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TUPE Transfers FAQ
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 can’t suffer any detriment simply because of the transfer.
We really can’t stress enough just how complicated this legislation can be and 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.
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.
The business could have its head office in another country, but if the part of the business that’s transferring ownership is in the UK then it will be included in TUPE transfer considerations.
TUPE regulations apply regardless of the size of business; wherever there is a transfer then TUPE applies.
There may be an exception if the transfer relates to a single employee but this will depend on the circumstances so you should still seek guidance.
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.
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!