TUPE Solicitors – Top 10 Lawyers for TUPE Employment Law

TUPE transfer law governs the transfer of employees between organizations. It is a law that aims to ensure the smooth transfer of employment rights and obligations from one employer to another in an employer-to-employee transfer of employment. It has been in place since the early 1990s when the European Union (EU) and the United States (US) introduced it into UK law. The law has been updated many times over the years, and its scope has grown tremendously.

TUPE regulations are the legal framework governing the consultation rights of workers affected by the transfer of employment. TUPE regulations have been created in order to protect the interests of employees affected by the transfer of employment. However, it is worth noting that TUPE regulations are not applicable in every transfer situation. In this blog, we’ll cover what TUPE is and how you can benefit from knowing its basics and legal intricacies. We’ll also tell you about the top 10 solicitors for TUPE employment law advice.

What is TUPE?

• TUPE is the transfer of undertakings (Protected Arrangements) regulations.
• These regulations protect employees from being ‘trapped’ in their current job as a result of an employer’s plans to transfer its business to another private limited company.
• Not only that but employees who are affected by a TUPE transfer are entitled to protection and consultation under the regulations.
• If you are an employee affected by a TUPE transfer, you may have rights that need to be protected. If you are an employer who is planning a TUPE transfer, you should contact a solicitor to discuss your options.
• The legal advice of a solicitor can help you understand the rights and responsibilities of both parties involved in a TUPE transfer.
• It would be beneficial for employers and employees alike to engage the legal advice of a solicitor prior to a TUPE transfer so as to avoid any legal complications arising out of the process.

TUPE Employment Law

• TUPE (Transfer of Undertakings) is a legal provision that allows businesses to transfer their undertakings in a way that protects employees and the business itself.
• It can be used to avoid the cost and disruption of a ‘mass redundancy’ exercise.
• By law, businesses must consult employees and unions before taking any action under TUPE. This consultation helps to ensure that employees are aware of the transfer and can plan for the future.
• If an employee feels that they’ve been detrimentally affected by their employer’s actions under TUPE, they may be able to take legal action.
• There are a number of steps an employer must take in order to avoid potential liability under TUPE, including consultation and notification to employees. Each step helps to protect employees from the unfair outcome of a transfer of undertakings.
• In particular, employers should consult an experienced TUPE solicitor before taking any action under TUPE. This ensures that the business is fully aware of its obligations under the law and protects employees from unfair outcomes.
• If you are involved in a dispute concerning the application or enforcement of TUPE, it is important to seek professional advice from an experienced solicitor. All businesses should have a clear understanding of their obligations under TUPE in order to avoid any potential problems down the road.

TUPE for Dummies

TUPE provides protection for employees when a business or undertaking is transferred from one owner to another. The regulations aim to ensure that employees’ terms and conditions, such as their job title, salary, and place of work, remain unchanged after the transfer. TUPE also protects employees against unfair dismissal and allows the automatic transfer of employment rights and obligations to the new employer.

TUPE Redundancy

Under UK law, the transfer of an employee from one employer to another under the TUPE (Transfer of Undertakings (Protected Employment) regulations) must follow certain rules to ensure a fair and orderly transfer of work. In particular, an employer must provide employees with at least 12 months’ notice in writing of their intention to make a redundancy exercise.

If the employee is made redundant as a result of the transfer, the employer must provide them with at least two months’ notice and pay them their statutory redundancy pay. Suppose the employee is made redundant because the business is going through a reorganization. In that case, the employer must provide them with at least six months’ notice and pay them their statutory redundancy pay. Finally, if you are an employee who has been made redundant as a result of the transfer of your employer under TUPE, it is important to consult with a TUPE lawyer to understand your rights and options.

TUPE Regulations

• The Transfer of Undertakings (Protection of Employment) Regulations 2006 (the TUPE Regulations) place a number of restrictions on the transfer of employees between companies. These regulations apply to any transfer of an employee (including a transfer within the same company) where:
• The employee has worked for at least six months for the transferring company as defined by the TUPE Regulations; and
• The terms and conditions of their employment would be affected by the transfer.
• A party to a TUPE transfer must give advance notice to the other party, which must allow sufficient time for that party to consult with any unions or representative bodies that may be affected by the transfer.
• Where an employee is transferred involuntarily, their employer may be liable for compensation, including statutory redundancy pay, earnings in lieu of notice, and other business benefits.
• The TUPE regulations impose strict time limits on the resolution of a TUPE dispute – typically five business days from the date on which the dispute is notified to either party.
• The TUPE regulations provide guidance on how to make a valid transfer request and list a number of situations in which a transfer will not be considered to have taken place.
• Suppose you are considering making a TUPE transfer. In that case, it is important to contact an experienced employment law solicitor to discuss your specific situation and ensure that you comply with all relevant regulations.
• For further information on the TUPE regulations, please visit our website or speak to one of our lawyers directly.

TUPE Transfer Checklist

Identify the transfer: Determine if a TUPE transfer applies to your situation.

Information and consultation: Consult with employee representatives and provide them with relevant information about the transfer.

Employee liability information: Obtain information from the transferor about the transferring employees, including their terms and conditions, any collective agreements, and any potential liabilities.

Employee contracts: Review the transferring employees’ employment contracts to determine what rights and obligations will transfer under TUPE.

Employee representatives: Identify and appoint employee representatives, if required.

Due diligence: Conduct due diligence on the transferor to identify any potential liabilities.

Employee transfers: Arrange for the transfer of employees, including any necessary changes to their terms and conditions.

Employee liability: Assume liability for the transferring employees, including any liabilities arising from their terms and conditions and any claims made against them.

Notification to employees: Notify the transferring employees of the transfer and their rights under TUPE.

Post-transfer integration: Integrate the transferring employees into the transferee’s business, including any necessary changes to their terms and conditions.

When Does TUPE Not Apply?

TUPE regulations are often misunderstood and applied incorrectly. The regulations do not always apply in every situation. TUPE regulations may not apply in many circumstances, such as employees who are only intermittently employed, employees who have fewer than three months of continuous service with their previous employer, and employees who have worked for their previous employer for less than 12 months. Additionally, self-employed individuals may also be excluded from the TUPE transfer of employment regulations.

There are many situations in which TUPE may not be applicable. This can create uncertainty for affected parties and lead to legal disputes. Before taking any action, you must understand the transfer of employment regulations and their application in your specific business or workplace settings.

How Long Does TUPE Last After Transfer?

TUPE protection lasts indefinitely, meaning that the transferred employees’ terms and conditions, such as their job title, salary, and place of work, will remain unchanged after the transfer. However, changes can be made to their terms and conditions if they are objectively justified and are not solely due to the transfer itself.

TUPE Solicitors – Top 10 Lawyers for TUPE Employment Law

• TUPE is a legal term that refers to the process of transferring employees between two or more organizations.
• Generally, TUPE law is used in the transfer of undertakings, also known as business activities. This legal framework helps small businesses to continue their operations after a change of ownership or control.
• If you are an employee who is affected by a TUPE transfer, your lawyer can help you with all the legal paperwork and negotiations required.
• Top lawyers for TUPE employment lawyers have extensive experience in dealing with TUPE transfers and can provide advice on the best course of action for your situation.
• You can find out more about TUPE solicitors and their services by visiting their websites.
• A good solicitor will carefully analyze your legal rights and obligations in relation to a TUPE transfer, discuss your options with you, and help you make the most informed decision possible.

1. Sian Clarke – Slater and Gordon