TUPE 

TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations. A transfer of undertakings occurs in one of two situations - either a business transfer or a service provision change. When a business moves to a new owner in one of these 'relevant transfers', the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protects UK employees’ entitlement to the same terms and conditions, with continuity of employment, as they had before the transfer. The TUPE rules apply to organisations of all sizes. 

Handling TUPE transfers is one of our specialisms and we provide support and advice for Business Owners, Managers and HR in this very technical and complex area of the law. Ashtons HR Consulting can provide support, whether you are the employer who is making the transfer (also known as the transferor) or the employer who is taking on the transferred employees (also known as the transferee).
Our services include the following:

  • we can help you to identify whether a TUPE transfer applies and, if so, help you identify which employees are ‘in scope’ to transfer
  • we can assist with carrying out due diligence so you know what transfers and we can support you in ensuring that you comply with your obligations as transferor or transferee
  • alongside our Corporate Team we can assist you in drafting and negotiating warranties and indemnities in Asset Purchase Agreements or Outsourcing Agreements to protect your business in the context of a TUPE transfer
  • we can advise and assist on post-transfer reorganisations including changing employees’ terms and conditions of employment following a transfer
  • we also work closely with insolvency practitioners in advising on the specific TUPE provisions that apply in the context of an insolvent business
  • our HR Consultancy team can support and / or conduct any required consultation meetings with employees as part of the transfer process. This service includes the provision of relevant letters and documents
  • if your business is faced with a Tribunal claim arising out of the TUPE regulations, our specialist team can help you to defend the claim or to reach a commercial settlement.  

Click here to read our FAQ page about TUPE.

To discuss how we can support you with any TUPE issues, please contact Ashtons on 0333 222 0989, complete our online enquiry form or email enquiry@ashtonshrconsulting.co.uk.

How can we help?

If you have an enquiry or you would like to find out more about our services, why not contact us?

0333 222 0989

Alternatively, make an enquiry or request a call back by filling out a form.

Veganism to become a Protected Characteristic?

10/12/2018

In the news this week is the case of Jordi Casamitjana, who says his former employers, The League Against Cruel Sports sacked him because of his ethic......

When ‘Banter’ crosses over into abuse

22/11/2018

“It’s just a bit of bants!” If you work in any kind of environment, from an office to a building site, you’ll be familiar with the term ‘banter’. It’s......

If it’s broke, be sure to fix it

22/11/2018

In August 2018, the Government announced a crackdown on rogue directors seeking to trade insolvent companies. With high profile businesses still domin......

“Are pre-termination negotiations admissible as evidence in unfair dismissal claims?”

30/10/2018

In 2013 the Government introduced the concept of a “protected conversation” under section 111A of the Employment Rights Act 1996.Section 111A allows a......

Ashtons HR Consulting Brochure

26/01/2018

Our team offers an ‘end-to-end’ service as it consists of both HR professionals and experienced employment lawyers.

Ashtons HR Training

26/01/2018

We offer practical and engaging in-house employment law and HR training courses for managers of staff at all levels.

Ashtons Employment Services Details

26/01/2018

Keeping up to date with HR legislation and other regulations whilst maintaining the day job is always a challenge. This is where we can help.

Case Study - Employee Investigations

08/12/2017

Sometimes a client will request our support as an independent investigator into either disciplinary or grievance issues. This can be helpful where the......

Case Study - Recruitment and Interim Management

08/12/2017

We recently had a client whose HR Manager announced that she had decided to move to a new company after 15 years’ service with our client. As it had b......

Case Study - TUPE advice and redundancy consultation

08/12/2017

With a TUPE specialist in the Ashtons HR Consulting team, we tend to get involved in a number of these technically complex legal projects. In one re......

Case Study - Sickness absence management

08/12/2017

The management of sickness absence can be one of the most time-consuming aspects of people management. One of our clients had an issue with an employe......

Is veganism about to become a 'philosophical belief' and therefore a protected characteristic under the Equality Ac… https://t.co/UNaN0BB5EH
Another #worker status case - @AddisonLeeCabs have just lost their appeal in the Employment Appeal Tribunal, who ag… https://t.co/BPXADHee9U
Office banter or #discrimination claim waiting to happen? See @j_piper1 's article on recent case law in this area: https://t.co/6BvOSlSvTJ