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.
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 email@example.com.