Outsourcing, business sales and TUPE

For a free, no obligation conversation with a solicitor contact us.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 or “TUPE” can be one of the more esoteric areas of employment law. It is important to obtain specialist advice to avoid potentially significant costs; either by failing to inform and consult with your outgoing employees or by inheriting substantial liabilities as their new employer.

We advise clients on the full range of scenarios in which TUPE can apply. Our clients include those who are outsourcing for the first time, changing service provider, or bringing a service in-house, as well as contractors who have won or lost a tender. Our substantial practical experience means that we can help you navigate the legal and commercial challenges which arise when TUPE operates.

When it comes to business sales, we have worked for many years alongside our corporate team to ensure that the TUPE questions and related paperwork are resolved for both sellers and buyers in the best interests of our clients. We are also able to guide individuals who find themselves subject to a TUPE transfer. It is usually a confusing and uncertain time, and our experience and advice can be of invaluable support. If a claim is necessary, then we are specialists in pursuing our client’s rights in the Employment Tribunal.

Recent Work

  • Advising on the transfer of employees from a charity to a public sector employer.
  • Advising a client on the end of its outsourced warehousing arrangements and the TUPE implications.
  • Providing pre-sale advice on TUPE to the foreign owners of a UK-based business.
  • Advising on and negotiating the employment warranties in the sale of an SME manufacturer.
  • Advising a food and beverage company on the TUPE aspects of the proposed sale of part of its business.
  • Negotiating contractual terms in an outsourcing agreement.
  • Advising on an employer’s inherited TUPE liabilities following a successful tender process.
For a free, no obligation conversation with a solicitor contact us.

020 7234 0200

020 7234 0200