The Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly known as TUPE) is the principle piece of legislation governing employees upon the transfer of a business.

The main aim of the TUPE regulations is to protect employees upon the transfer of a business or part of a business. This includes preserving the transferring employee’s continuity of employment and their terms and conditions of employment. The regulations move employees and any liabilities associated with them from the old employer to the new employer.

However, TUPE can be an extremely complicated piece of legislation.

At LawforEmployers, we are here to provide the advice you need on whether TUPE regulations apply to your circumstances and on any actions you will need to take.

When might TUPE regulations apply?

TUPE can apply in a number of situations, including:

  • Where a business is bought or sold
  • Where part of a business is bought or sold
  • Where a ‘service provision change’ is made e.g. outsourcing a service (for example office cleaning) to an external provider, changing from one provider to another or bringing a service back ‘in-house’.

Whether TUPE regulations will apply to any of these situations is a matter of fact and law. Seeking early advice from an employment law expert will offer you the greatest protection.

Helping you act within specific regulations

If TUPE regulations do apply, strict obligations are placed upon both the transferee and transferor. Any breaches of these obligations can have serious consequences for both parties.

There are a number of potential dangers and pitfalls when dealing with TUPE regulations. Attempting to ‘go it alone’ could leave you open to various claims, especially where any employees have been dismissed.

At LawforEmployers, we can help you comply with the obligations placed upon you by TUPE regulations.

Our aim is to support you every step of the way, offering guidance through the transfer process. This will ensure that you understand the liabilities you are inheriting and comply with your obligations under the regulations.

Contact the expert TUPE solicitors at LawforEmployers today

Whether you are buying or selling a part or whole of a business, or seeking to make a service provision change, we are here to help you.

By contacting LawforEmployers you can ensure that you will always have access to the expert legal advice that you need.

To discuss your circumstances with a specialist employment law solicitor today, call us on 01282 695 400, or complete our quick contact form to arrange a call-back.