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Transfers of business and TUPE

We work closely with the Corporate Team in providing advice on the employment law implications of purchases and sales of businesses.   We also assist the Commercial Property team on any matters which trigger the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

TUPE protects employees' terms and conditions of employment when a business is transferred from one owner to another.  This can be in a conventional business sale as a going concern, the transfer of part of a business, or in a service provision change situation.

Service provision changes typically occur when a contract on which employees at one organisation work is transferred to another organisation, perhaps as the result of a tender process.  These employees may transfer with the contract under TUPE – sometimes to the surprise of the new contractor.

We regularly advise on these types of situations.  The consequences of breaching TUPE can be significant.

If you would like any further information on this topic, please contact us:

Andrew Rowell
E-Mail andrew.rowell@spearingwaite.com
Direct Dial 0116 242 1294
Mobile 07834 868 559
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Amanda Badley
E-Mail amanda.badley@spearingwaite.com
Direct Dial 0116 242 1238
Mobile 07739 507 538
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