If you are buying or selling business assets, outsourcing or insourcing services, tendering for a contract, or changing a service provider, you need to be aware of your obligations under the Transfer of Undertakings (Protections of Employment) Regulations 2006, commonly referred to as TUPE. This is a piece of legislation designed to protect the rights of employees who may be subject to a change in the legal identity of their employer. Typically, this arises when business assets or services pass from one company to another.

The main effects of TUPE are that:

• The affected employees (those assigned to the part of the business or services being transferred) will automatically transfer to the employment of the new company;
• Continuity of service is preserved, as are the existing terms and conditions of employment;
• Any dismissal is automatically unfair if the sole or principal reason is the transfer itself; and
• You will be obliged to inform and consult with affected staff, and, depending upon the size of the workforce, you may be obliged to elect staff representatives for the purposes of collective consultation

TJD Law can assist with:

• Corporate due diligence and disclosure
• Advice on the application (or not) of TUPE
• Advice and guidance on complying with your obligations under TUPE
• Settlement Agreements and arrangements for non-transferring staff
• Election of staff representatives
• Assistance with staff consultation
• Advice on workforce harmonisation and implementing post-transfer changes to employment terms and conditions
• Support and representation in responding to any TUPE-related claims or allegations