TUPE - Selling or Buying a Business

Solicitors in Essex & London


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. 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.

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Getting TUPE wrong can be very costly. You should take early legal advice and be guided through the process by experts. Our employment law solicitors are well-versed in managing the entire process of TUPE; please feel free to contact any of our employment law solicitors directly to discuss your requirements in more detail. We are more than happy to provide you with free initial advice in the form of a telephone consultation, or meet with you at your own business premises in Essex, London or further afield.

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