What is TUPE?
Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE if you’re short on time, preserves employees’ rights when the company they work for transfers to a new entity.
Regardless of the size of the organisations or which side of the transfer your business is on (outgoing or incoming employer), TUPE impacts everyone involved in the process.
Manak Solicitors’ dedicated team of employment lawyers have extensive experience with TUPE legislation and the potential issues that can arise from it. We will partner you through the entire process to keep you compliant with regulations and ensure a smooth transitional period.
When does TUPE come into play?
You need to be aware of TUPE in two scenarios:
This is when a business is partly or entirely purchased or merges with another, creating a new employer. In this instance, TUPE covers existing employees.
Service provision changes
TUPE is applied here when activities are outsourced to a contractor from a client, when a new contractor takes over from a previous contractor (re-tendering), or when a client takes over activities from a contractor.
TUPE in practice
When employees carry on with service and their previous responsibilities, while becoming employees of a new employer, TUPE stipulations are applied and the employees are entitled to a consultation period and representation. As an employer potentially on either side of the transfer, you would be required to follow TUPE procedures and provide specific information.
At Manak Solicitors, we have consulted extensively for both outgoing and incoming employers with regard to TUPE. We will guide you every step of the way to ensure that any transfer of undertakings is performed legally and smoothly.