TUPE Law Solicitors

TUPE Advice For Employers

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applies if your business or part of your business transfers to a new owner. TUPE can also apply if you decide to change suppliers. This area of employment law is complex and constantly changing and it is imperative that you seek expert legal advice. Carter Moore Solicitors has a specialist team of employment lawyers who have dealt with a number of TUPE matters. Contact our employment law solicitors today on 08458 737 333 or complete our online enquiry form and we can arrange your free initial consultation.

What are the reasons for TUPE?

TUPE is essentially intended to provide security and assurance to employees if your business changes hands. It also protects you and employees if you outsource a service to an external supplier or contractor. If an employer was to sell on their business to a new owner, an employee’s contract, by law, would be terminated. TUPE effectively transfers all existing employees and their rights to the new owner of the business.

If an employee has worked for the business for 12 months continuously then it is unlawful for that person to be dismissed. In the event that such an employee’s contract was terminated, they can make a claim for unfair dismissal which can result in extremely costly compensation awards being paid out. The only way an employer can appeal this is if the dismissal was made on economic, technical or organisational (ETO) grounds.

TUPE Procedures for Employers

As an employer, you must notify and consult all employees who will be affected by the transfer. An Employment Tribunal claim can be brought against you if you fail to inform and consult employees which can result in you having to pay out compensation.

You must also supply the new owner with employee liability information. This information must be given in writing and done so at least 14 days before the transfer of the business.

Contact a TUPE Lawyer

If you are unsure if a transfer or change of supplier falls under the TUPE regulations, it is still essential that you contact our employment law solicitors to discuss the matter. Not doing so can result in you being taken to an Employment Tribunal where costly compensation awards will be rewarded to employees. Contact Carter Moore’s TUPE solicitors for employers today on 08458 737 333 and we can arrange your free initial consultation. If you would prefer, please fill in our online form and one of our employment solicitors will be in touch with you within 24 hours.