TUPE transfers impact both employees’ rights and employers’ obligations. We can help reduce TUPE legal risks.
The Transfer of Undertakings (Protection of Employment) (TUPE) regulations apply to employers of all sizes, both in the private and public sector and whether commercial or not for profit, where there is a relevant business transfer.
The regulations exist to ensure employers follow the correct legal procedure for a relevant business transfer, and that employees’ terms and conditions are preserved when their employment transfers to a new employer.
For both the old and new employer, it will be important to understand the employment liabilities relating to the transfer to avoid the risk of employment law claims.
TUPE considerations are far-reaching, requiring specialist knowledge and experience to identify and advise on the full ambit of legal duties and liabilities. Specific areas of risk and consideration for employers relating to TUPE include:
DavidsonMorris provides specialist legal advice to employers on the legal implications of TUPE.
We can advise on all aspects of TUPE and HR legal risk management including:
We are experienced in advising both transferors (the outgoing employer) and transferees (the incoming employer) on the required legal process to follow and on their respective employment liabilities as triggered by the transfer.
We can help to develop strategies that enable you to ensure full commercial benefit is derived from the transfer, by leveraging your powers and rights as an employer and managing the risk of more complex requirements such as varying employee terms or redundancy.
Contact us for specialist advice.Â
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