TUPE legislation is complex and generally applies to a classic purchase or sale of a business where the ownership changes, and a business entity transfers from one employer to another. It can be an employment law minefield, so gaining expert legal advice is key. Our employment law solicitors in Essex and London can assist in all matters of TUPE.
TUPE also applies where the provision of a service transfers from one provider to another; for example, where contracts are taken over by a new entity, or where contracted-out services are brought back to be managed in-house.
Employers must be very careful to comply with TUPE as the consequences of not doing so can be serious and costly. By law, an employer must inform and in various circumstances, consult with employees when they make a TUPE transfer. An employee may be able to make a claim if their employer fails to do so. Employers who fail to inform and consult employees or appropriate representatives in connection with a TUPE transfer may have to pay a protective award of 13 weeks’ gross pay for each affected employee. The legislation is in place to protect employees from suffering when a business or service provision changes hands. TUPE imposes obligations to:
Not dismiss employees in connection with a TUPE transfer.
Not change affected employees’ terms and conditions of employment in connection with a TUPE transfer.
Inform and consult (where necessary) with employees regarding the transfer.
Our employment law solicitors in Essex and London can advise upon:
Whether TUPE applies to your transaction.
What TUPE means for you as an employer.
What you can and should not do.
How to inform and consult, and when it is necessary.
What your obligations are to the buyer and/or seller.
Whether you need to have elected employee representatives, their role and the procedure.
If you require employment advice, then please do not hesitate to contact us by telephone to speak with a solicitor from our employment team, without obligation, or simply fill out our enquiry form and one of our specialist employment lawyers will contact you.
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