Our TUPE Services
Thursfields’ team of TUPE solicitors assist with a range of matters to ensure that the needs of employers and employees are taken care of. These include:
- Business transfers (insourcing and outsourcing)
- Advising on obligations surrounding business acquisition and disposal
- Preparing key consultation documentation
- Arranging the election of employee representatives
- Assisting with project management
- Drafting and negotiating TUPE provisions in transactional documents
- Raising and responding to employee due diligence enquiries
- Pursuing and defending tribunal claims surrounding TUPE regulations
Whatever you’re looking to achieve, we’re on hand to help you through the process.
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Proactive Support with TUPE Regulations
Navigating through the TUPE regulations may seem like a daunting task. With so much at stake, it’s important that businesses ensure they are compliant at all times — whether they’re transferring employees or taking on workers from another company. It’s also necessary to understand when TUPE applies and what your obligations will be.
Thursfields’ team of TUPE solicitors supports businesses of all sizes nationwide. We take care of everything from consulting with trade unions and affected workers to providing employee liability information and working through any changes that may impact staff who transfer over.
Comprehensive legal advice is required to keep a company and its workforce protected. Thanks to our wealth of experience with business restructuring, mergers, and acquisitions, we provide an unparalleled level of support that has proved extremely valuable to our clients and provided much needed peace of mind.
Whether you're a company looking to ensure compliance with TUPE regulations or an employee caught up in business transfers, our team is ready to assist.
Director & Head of Employment Law
A specialist employment solicitor, Jonathon has extensive experience in working with both employers and employees to resolve workplace disputes across a range of cases — including unfair dismissal, disability discrimination, sex discrimination, age discrimination, TUPE and unlawful deduction of wages. His experience as a former police officer allows him to see the bigger picture and approach issues with a pragmatic and practical view to solving problems.
Jonathon is keen to work with employers to put robust policies and procedures in place from the outset and throughout employment to avoid litigation where possible. He is regularly instructed to draft employment contracts and staff handbooks, and also attends and conducts disciplinary and grievance meetings for his clients. Recognised by the Legal 500, Jonathon is proud of his reputation for being easy to talk to, and providing clients peace of mind that they are making the right decisions.
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If you’d like more information about our services regarding TUPE regulations, contact our team today.
TUPE Legal Advice
The TUPE regulations can have a huge impact on businesses and their employees. Companies will need to make sure staff are protected during a change in ownership, while workers should be comfortable in the knowledge that their current circumstances will not be adversely affected when they transfer over to a new employer.
Thursfields offers targeted solutions to businesses and individuals to help them navigate through the TUPE regulations. Our team will engage with employers from the outset, advising them on whether the legislation applies to their situation and ensuring all obligations are properly carried out. We can even help if there’s a disagreement between you and the other company over who is responsible for what. If there’s a dispute, we will defend you in litigation if necessary.
If you’re an employee that believes your rights have been infringed, or you’re unsure about what you’re entitled to, our TUPE solicitors are perfectly placed to help. We’ll talk you through your situation and determine where you stand, and will be ready to act if your employer has not acted in your best interests.
TUPE Advice for a Range of Sectors
Frequently Asked Questions
The Transfer of Undertakings Protection of Employment (TUPE) regulations protect employees if the company they work for is bought or taken over, or if there is a change in service provider. The rules ensure there is minimal disruption to the contract and working life of the workforce, preventing the new employers from unfairly altering existing terms and conditions.
Given that the subject can be quite difficult for businesses and employees, specialist legal advice is required to ensure all obligations are met. The TUPE regulations are often contested in tribunals and appeals courts, so it’s important to work with a law firm who has a complete understanding of the process and is ready to defend your interests if litigation proceedings arise.
TUPE comes into effect if a business undergoes a change in ownership, or if a new service provider comes on board. A company that has bought another firm and taken on their staff will have their own obligations, as will someone who has inherited a service provider contract. Employees must have had at least two years’ continuous service to qualify.
If you are ever unsure whether the TUPE regulations apply to your situation, it’s important to consult a solicitor at the earliest opportunity. Specialist lawyers will be able to advise you on your responsibilities and minimise risk.
Although it’s possible for you to refuse a transfer, you will not be able to request redundancy or claim unfair dismissal. This is because the TUPE regulations effectively guarantee your employment will continue with the new business, with the same terms and conditions you had with your previous company.
Your new employer may still come to an arrangement with you, which could include offering a new role within the company. Alternatively, you could leave your current firm and seek alternative employment, removing yourself from the TUPE process. If you’re not sure what you should do, contact a solicitor for guidance.
Once the TUPE regulations have come into effect, they offer employees indefinite protection from changes to their terms and conditions. They can be negotiated after one year has passed, provided the new contract does not place employees in a worse position than they were before.
For proactive and pragmatic TUPE legal advice, get in touch with a member of our team today. No matter your goals, we’re here to help.