The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) are designed to protect employees who would otherwise lose their jobs.
When a business is sold or a contract for services is moved to a new supplier, employees in the affected business risk losing their jobs. This is why the TUPE Regulations were first introduced as they protect employees when there is business change.
The TUPE Regulations impose wide ranging obligations on employers as well as onerous financial penalties if the TUPE Regulations are breached.
The main protection is that employees are entitled 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.
In addition, there must be a proper process carried out of information sharing and consultation with employee representatives whenever there is a transfer under the TUPE Regulations.
Employees who are not treated properly under the TUPE Regulations are entitled to financial compensation which can be significant. The TUPE Regulations can even protect employees in an insolvent business if a new business takes over.
We provide advice to and represent employee representatives and groups of employees where there have been failures under the TUPE Regulations, particularly in relation to claims and remedies arising out of failure to comply with information and consultation obligations. Our team is also experienced in advising executives in relation to all aspects of TUPE in the context of mergers and acquisitions.
For further information about the TUPE Regulations, please see our Guide to TUPE.
Recent examples of our work in this area include:
- Advising a senior management team in relation to their rights under TUPE on a merger and conversion to LLP status
- Acting for a group of 45 former employees, on a multi-million pound, multi-party TUPE employment tribunal claim arising out of the collapse of an international IT outsourcing provider
- Advising various employers on the limitations around changing terms and conditions of employment following a TUPE transfer
- Providing training on the election of employee representatives and training the representatives themselves to ensure effective consultation can take place
Why use Myerson’s Employment Team?
Our specialist team of employment solicitors is described in the independent Legal 500 directory as “excellent”. In addition, both Partners in our team are recommended by the Legal 500. Therefore, you can be reassured that you will deal with some of the best employment solicitors in the country.
We are determined and robust on your behalf, but also easy to deal with and clear in our advice. We will fight your corner but understand that a common sense approach is often required in order to find solutions that work for you in the context of your professional and personal circumstances.
Collectively, we have over fifty years’ experience of providing strategic employment law advice to senior individuals and others facing difficult work-place issues and who need support and guidance in:
- understanding their legal rights and their practical options; and
- achieving the best possible outcome, whether at the start, during or at the end of their working relationship.
Our ethos is to provide our clients with an alternative to the major regional and national firms by offering high quality legal advice from highly experienced, specialist lawyers, but on a much more cost-effective basis.
In particular, we offer:
- Clear and straightforward advice.
- Cost-effective support and certainty on costs where you need it.
- Extensive experience of advising senior executives, directors, partners and others with complex employment concerns, including discrimination issues and group claims.
- A credible team that is used to dealing with and acting against large employers and law firms on behalf of our clients.
Our approach to costs
We know that clarity on costs is vitally important to our clients. As standard practice, we give our clients an estimate of the costs involved in undertaking any piece of work at the outset. We then provide costs updates on a regular basis.
We work closely with our clients to ensure that we meet their expectations both in terms of their objectives for a particular piece of work and in relation to costs. In addition, we are happy to discuss fixed fees and retainer arrangements if that is helpful to you.
How We Can Help
A member of our specialist team will be happy to help.
To discuss TUPE issues, please either use the contact form on the right, email us at email@example.com or call us today on +44(0)161 941 4000 to speak to a member of our team.