TUPE

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as ‘TUPE’) can have a significant impact on your business plans if you buy another business, outsource work or successfully tender for work. TUPE states that in these circumstances employees can transfer from the existing employer (a ‘transferor’) to the new owner of the business or the new provider of a service (a ‘transferee’).

The TUPE regulations state that employees who transfer to a ‘transferee’ employer:

• transfer on their existing terms and conditions; and
• are protected from dismissal.

There is also a duty on the existing and the new employer to inform and consult with employees affected by any TUPE transfer. Failure to do so can result in all affected employees being awarded up to 13 weeks’ pay if they successfully bring an employment tribunal claim.

So it’s important for you to understand which employees may transfer across to you so you can ensure you follow the correct process and also to understand the costs and liabilities you could be inheriting.

Raworths’ Employment Team has experience of advising employers on the TUPE process, including protecting your position when:

• putting services out to tender;
• tendering for outsourced work; or
• buying a business.

This usually involves making sure agreements include appropriate warranties and/or indemnities to limit your liability where another party is at fault or fails to provide you with the correct information. Our Corporate Team can assist you with all other aspects of such agreements.

In addition, our solicitors can assist by:

• guiding either the existing or the prospective employer through their duties to inform and consult with employees;
• carrying out the employee consultations on your behalf and preparing all the paperwork necessary to deal with election of Employee Representatives; and
• defend employment tribunal claims where individuals claim they:
  • should have transferred to a new employer;
  • were not informed and consulted correctly about a transfer; and/or
  • were dismissed as a result of a transfer.

Our Harrogate based team of specialist solicitors have advised numerous businesses throughout Yorkshire and the rest of the UK on this complex area of law. We have assisted businesses in all industries including the construction, manufacturing, retail, care sector, electrical contractors and restaurant industries.

TUPE is a complex area of employment law. Do not hesitate to contact our team if you need help navigating your way through it.