TUPE Advice for Employers
If you’re looking to acquire or merge with another company, you will need to consider TUPE regulations, which will impact your obligations towards the new employees you are taking on. TUPE is a complex area for which professional legal advice, based on the specific circumstances of the transaction, will be of great value to your business.
Our specialist team advises clients in different languages on a wide range of Employment Law matters. Call them on 0208 1111 911 or contact them through the website to discuss your circumstances with them.
What is TUPE?
TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006. In short, it exists to protect the rights of employees whose employer is bought by (or merged with) another company. It ensures that they:
- Continue to work on the same terms and conditions as they did for the previous employer
- Are recognised for their continuous service in the event of redundancy
It is common for restructures to take place at the same time as a merger or acquisition (or shortly afterwards) so that the combined company can make efficiencies. This can result in redundancies, so the TUPE regulations play an important role in protecting the rights of those new employees.
Is TUPE relevant for my business?
If you are acquiring a business, or merging with one then it’s highly likely that TUPE regulations will apply and you will need to recognise them. If you are merely buying shares in another business and not fully acquiring it, then TUPE may not apply but you should seek initial legal advice before you complete any transaction, to determine the relevance of the TUPE regulations.
If you are contracting out, or contracting in a service, TUPE may also apply. For example, a company may choose to outsource its IT operations to an external company and all of their IT staff will transfer to the external company as employees and continue to carry out the same work. In this instance, the TUPE regulations will typically apply.
How do I get advice on TUPE for my business?
Call us on 0208 1111 911 or contact us through the website and we’ll discuss your circumstances with you. If you’re acquiring or merging with a company or have any other reason to need TUPE advice, we’ll discuss your circumstances and recommend the best course of action. The initial call is free and we’ll advise you of our fees before you decide to instruct us.