Takeovers, Mergers & TUPE

Solicitors in Essex & London


As an employee, you may not be aware of all business decisions made by your employer, however, you are protected by legislation in relation to certain decisions made to transfer the ownership of the company. A company may decide to sell its business to another owner; there might be a merger of business, or your employment might be contracted out or change to another contractor.

In this quite complex area of employment law it is important that you take advice should a relevant business transfer affect your employment as this can often result in a claim for automatic unfair dismissal. If you do believe that you require further advice on employer takeovers, mergers or TUPE as an employee, then our employment solicitors in Essex and London are here to help.

Transfer of Undertakings (Protection of Employment) Regulations

If you are protected by TUPE, then included in the protection is the preservation of your continuity of employment and terms and conditions of employment. Once the transfer of the business takes effect then you automatically continue as an employee under the same terms.

Your employer must inform you of the proposed date of the transfer, the reasons for it, any implications of the transfer for all affected employees, and whether there are any transfer-related measures that may take place in relation to its employees.

A consultation then follows, only with a view to reaching an agreement. The obligation to inform and consult applies to any employee affected by the transfer or measures connected with it. This will usually include not only the transferring workforce, also but the transferor's and transferee's non-transferring workforce.

Book A Free Telephone Consultation

Find out more with a free initial Employment Law consultation

If you feel that you require further legal advice relating to a company takeover or merger as an employee, or issues around TUPE, our expert employment solicitors in Essex and London will be happy to help. We can undertake an initial interview over the telephone to provide you with some general legal advice. This will enable you to determine what the best next steps are for you to take.

Free initial telephone consultations are available at any of our offices located in Brentwood, Hornchurch or Upminster, or at our office facilities in Leigh-On-Sea and Canary Wharf, London.

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