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What TUPE Means for Employers
When a business is sold or there is a change in service provider, employees are often a key feature of the transaction.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE Regulations) impose wide ranging obligations on employers as well as onerous financial penalties if the TUPE Regulations are breached.
TUPE applies when a business or part of a business transfers from one owner to another or where services are either outsourced or brought back "in-house".
Employers are under an obligation to inform and consult with affected employees or their representatives whenever there is a transfer under the TUPE Regulations.
The main protection provided to employees is to transfer to a new employer with their continuity of service and terms of employment intact. They are also protected against unfair dismissal and against changes being made to their terms of employment by the new employer.
Therefore, it is essential to take advice on TUPE right from the outset, and we will be here to guide you and your business throughout the process. Our approachable employment solicitors will be your trusted advisors, offering clear and straightforward legal advice that supports your commercial objectives.
TUPE Legal support for Employers
At Myerson Solicitors, we offer expert guidance and support to businesses navigating TUPE Transfer of Undertakings (Protection of Employment) Regulations.
Our comprehensive services include:
- Advising on whether TUPE applies to any proposed transaction or service provision change.
- Assisting with the provision of employee liability information.
- Guiding employers through their obligations to inform and consult with affected employees.
- Drafting clear and legally compliant measures letters.
- Offering expert advice on issues relating to changing terms of employment post-transfer.
- Defending businesses against claims following a TUPE transfer.
Our Employment Approach to TUPE
- Our employment solicitors are dedicated to advising on how to achieve your business objectives in the most efficient and practical way. We pride ourselves on providing straightforward and bespoke advice tailored to your business requirements and resources.
- We understand that employers need to be commercial, decisive and act professionally in complex employment matters.
- Your work will be carried out by a qualified solicitor who knows your business requirements best. Work is also carried out at the appropriate level, depending on the complexity, sensitivity and importance of the matter.
- We work closely with our clients to ensure that we meet their expectations both in terms of their objectives and in relation to costs. We know that clarity on costs is vitally important to our clients, especially when businesses are challenged by sudden and dramatic changes to economic circumstances.
- As standard practice, we give our clients an estimate of the costs at the outset and provide cost updates on a regular basis.
TUPE Case Studies: Employer Representation
Examples of advice provided recently in this area include:
- Advising an international logistics company on TUPE transfers of employees following a service provision change from two other companies following a tendering exercise;
- Advising an IT service provider on information and consultation obligations relating to a service contract being insourced by a customer;
- Providing advice to a large care home provider on TUPE obligations as part of a series of corporate acquisitions.
TUPE FAQs for Employers
When does TUPE not apply?
Where Tupe applies to a transfer of a business, the undertaking must relate to an economic entity which transfers to another party and retains its identity after the transfer. Where there is a change in the provider of a service, the activities carried out after the transfer must be fundamentally the same as those carried out before.
How long after TUPE can a contract be changed?
Changes to terms of employment will be void if the sole or principal reason for the change is the transfer itself regardless of the length of time between the transfer and the change in terms.
Can an employee refuse to TUPE transfer and be made redundant instead?
If an employee exercises the right to object to the transfer, their employment does not automatically transfer over but is treated as terminated. As a consequence, the employee is not entitled to any payments due on termination, such as redundancy pay or notice pay.
Does TUPE apply to contractors?
The definition of "employee" is wider than is normally used for employment protection purposes, it excludes self-employed consultants.
Why Work With Our Employment Team?
Choosing the right legal partner for your employment law needs is crucial. At Myerson Solicitors, our award-winning employment team offers a service that combines specialist expertise with a proactive and commercially focused approach. Here’s why businesses across the UK choose to work with us:
Recognised Excellence
Our employment solicitors are ranked and highly recommended in The Legal 500, reflecting the strength of our legal knowledge and the quality of service we deliver. We were also named “Employment Team of the Year” at the Manchester Legal Awards 2024, underlining our commitment to excellence.
Specialist, Partner-Led Advice
Every client benefits from a partner-led service. Your matter will be handled by a qualified employment solicitor who understands your business, industry pressures, and objectives. We tailor our advice to your needs, considering the complexity, sensitivity, and commercial impact of each matter.
Dispute Resolution Expertise
We have extensive experience acting for employers in a wide range of disputes, including unfair dismissal, constructive dismissal, discrimination, and whistleblowing claims. Whether defending a claim in the Employment Tribunal or negotiating a favourable settlement, we protect your interests while focusing on speed, efficiency, and reputational risk.
Strategic, Commercial Solutions
Employment issues can affect more than just the bottom line, they can disrupt morale, reputation, and leadership focus. We take a practical and strategic approach, helping you resolve disputes efficiently while safeguarding your commercial interests.
Transparent, Cost-Conscious Service
We understand that clarity on fees is just as important as legal advice. From the outset, we provide clear and transparent cost estimates and keep you informed throughout. We tailor our work to the appropriate level, ensuring value without compromising on quality.
Extensive Employer Experience
With years of experience acting for employers across a wide range of sectors, we offer fast, effective advice grounded in a deep understanding of your business and legal risk profile. From HR advisory support to tribunal defence, we are trusted partners to in-house teams and business owners alike.
Accessible and Responsive
Thanks to our unique structure and firm culture, our team remains genuinely accessible and responsive. We prioritise clear communication, same-day responses, and practical guidance that enables confident decision-making.
Testimonials
Meet Our Employment Solicitors
Home-grown or recruited from national, regional or City firms. Our employment lawyers are experts in their fields and respected by their peers.
Charlotte Gilbert
Charlotte is the Head of Myerson HR and a Partner in our Employment Team
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