TUPE and Business Sales Solicitors
We offer clear, practical TUPE and business sales advice
When businesses are bought or sold, or in cases where there is outsourcing or a change of service provider, TUPE (the Transfer of Undertakings (Protection of Employment) Regulations 2006) may apply.
TUPE is designed to protect employment rights, as existing employees will transfer to the acquiring employer or service provider under the same terms as their existing contract. Employment liabilities will also transfer to the new employer.
A variety of complex obligations will also be imposed on both old and new employers. Old employers may be required to give warranties or indemnities regarding items such as liability for unpaid salaries and previously earned bonuses.
TUPE adds a layer of complexity to a business sale. Getting the process wrong can lead to claims for unfair dismissal as well as claims for protective awards by employees. These can be significant and lead to costly disputes.
At Longmores, our approach is robust, practical, no-nonsense, and commercial. We have a strong track record of minimising the occurrence of employment law disputes arising from TUPE issues.
Get expert advice on TUPE and business sales
Longmores’ team of specialist solicitors have wide experience in TUPE, so we can help you to minimise risk in carrying through your business sale or acquisition.
We advise businesses of all sizes on TUPE issues, including:
- Contract review and negotiation ensuring appropriate TUPE protections
- TUPE process, application and management
- The process of providing information and carrying out consultation with your employees and election of employee representatives
- Drafting written communications to the impacted employees
- Notification of employee liability information
- Post TUPE guidance and support
- TUPE dispute resolution
Work with industry-leading employment lawyers
Our employment lawyers consistently appear in the directories of leading practitioners and are ranked by the leading client guide, The Legal 500. This provides strong assurance that we offer an exceptional service.
The team is led by Joint Senior Partner Richard Gvero, who is closely supported by Senior Solicitor Miranda Mulligan. Both Richard and Miranda are individually recommended by The Legal 500.
Miranda and Richard are members of the Employment Lawyers Association (ELA), further emphasising their specialist expertise. Richard and Miranda are also accredited mediators.
Speak to our employment experts today
To discuss your requirements with our specialist employment lawyers, please get in touch.
Our TUPE and business sales advice services
Advising on the TUPE process, application and management
The TUPE process for past and new employers is not straightforward, and there are several actions that must be carried out to ensure employees’ TUPE rights are protected. Therefore, seeking legal assistance is imperative for a successful transfer that accurately follows the TUPE regulations.
Our team at Longmores can provide expertise on the following:
- Advising whether TUPE applies
- Advising on the steps involved in the process
- Assisting with the transfer and ensuring TUPE regulations are applied
Contract review and negotiation ensuring appropriate TUPE protections
When a business is sold to a new employer, the rights and liabilities of the affected employees will transfer under TUPE. However, contractual protections can be negotiated.
Our solicitors have worked with a range of clients undergoing a TUPE transfer and can assist in negotiating a TUPE deal that suits your needs.
Post TUPE guidance and support
TUPE transfers can be a daunting situation for those involved and can lead to grievances from affected employees.
If you need assistance in following a TUPE transfer, our team have a wealth of combined experience providing guidance and advice.
TUPE dispute resolution
Unfortunately, matters such as transferring employees can be a complicated process and can often result in disputes between all involved, such as disagreements between the new employer and employees. This can be a particular issue where one party is unsatisfied with the handling of the transfer and believes the TUPE regulations were not efficiently met.
Disputed TUPE situations, such as unfair dismissal, could result in Employment Tribunal claims. Seeking legal expertise at the earliest stage is essential for swift intervention in hopes of mitigating any potential future risks.
Our solicitors have decades of collective experience assisting clients in a range of industries through alternative dispute resolution methods, including negotiation and mediation. We can help to find the best short and long-term solutions for your needs.
Our TUPE and business sales advice fees
For TUPE and business sale matters that are straightforward, such as preparing written communication, we may be able to charge on a fixed fee basis. This provides complete transparency over the costs from the outset.
Where matters are more complex, such as TUPE dispute resolution, our solicitors may need to charge an hourly rate. This will be based on the support and level of experience required to resolve the matter.
We will be able to provide you with an estimate of costs at the outset, and we will always inform you prior to carrying out any work, so you have complete control over the cost.
Speak to our employment experts today
To discuss your requirements with our specialist employment lawyers, please get in touch.
