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TUPE

Where a ‘relevant transfer’ takes place TUPE must be observed and complied with

The Transfer of Undertakings (Protection of Employment) Regulations (“TUPE”) impose onerous obligations where there is a ‘relevant transfer’. We help you identify whether a ‘relevant transfer’ is to take place and understand what action needs to be taken.

Nina Khuffash

I work in the Employment Department, advising on all aspects of employment law, both contentious and non-contentious

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Understanding TUPE Transfers

TUPE, the Transfer of Undertakings (Protection of Employment) Regulations, is a critical piece of employment law designed to protect employees’ rights when the business they work for is transferred to a new employer. Navigating TUPE can be complex, whether you’re an employee affected by the transfer or an employer involved in the process. We can provide the guidance and expertise you need to ensure compliance and protect your interests.

What does TUPE Mean?

TUPE, which stands for the Transfer of Undertakings (Protection of Employment) Regulations, is designed to safeguard employees’ rights when the business they work for undergoes a transfer to a new owner. For an employee, TUPE means that your employment contract, including your terms and conditions of employment, are automatically transferred to the new employer. This ensures continuity of employment, meaning you retain your job with the same conditions, seniority, and benefits as before the transfer. TUPE also protects you from unfair dismissal connected to the transfer and requires both the current and new employers to inform and consult with you about the transfer process. In essence, TUPE provides crucial protections to help ensure your job stability and rights are preserved during periods of business change.

Services Provided by an Employment Lawyer

Legal Advice and Representation

Initial Consultation: Our employment lawyers offer an initial consultation to assess your situation and explain how TUPE applies to your circumstances.
Compliance Assessment: We will evaluate the transfer process to ensure that all legal requirements are met, protecting you from potential liabilities or disputes.

Employee Rights Protection

Continuity of Employment: We help ensure that employees’ continuity of employment is maintained, including their terms and conditions, when they transfer to the new employer.
Consultation Requirements: We provide guidance on the legal requirements for consultation, ensuring that all affected employees are informed and involved in the process.

Handling Disputes and Claim

Dispute Resolution: If disputes arise, we offer mediation and negotiation services to resolve issues amicably.
Tribunal Representation: Should the need arise, our experienced lawyers can represent you in employment tribunals, ensuring your case is presented effectively and your rights are protected.

Contractual and Policy Reviews

Contract Reviews: We review employment contracts to ensure they comply with TUPE regulations and protect the rights of both employees and employers.
Policy Development: We help develop and implement workplace policies that are compliant with TUPE and support smooth transitions.

Training and Workshops

Employee Training: We offer training sessions for employees to help them understand their rights and responsibilities under TUPE.
Employer Workshops: We provide workshops for employers to ensure they understand their obligations and best practices for managing transfers.

Why Choose Our TUPE Advice Services?

Expert Knowledge: Our lawyers are experts in TUPE regulations and have extensive experience handling complex transfer cases.
Tailored Solutions: We offer personalized advice and solutions tailored to your specific needs, ensuring the best possible outcomes.
Proactive Approach: We take a proactive approach to manage risks and prevent issues before they arise, giving you peace of mind.

Contact Us

If you need expert advice on TUPE regulations, whether you’re an employee affected by a business transfer or an employer managing one, contact our team of experienced employment lawyers today. We are here to provide the support and guidance you need to navigate the complexities of TUPE with confidence.

This detailed content aims to inform potential clients about the comprehensive range of TUPE-related services provided by an employment lawyer, ensuring clarity and understanding of their rights and obligations.

Supporting you through the process

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