TUPE - Employment Issues Arising from Business Acquisitions and Disposals
'TUPE' stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006.
TUPE transfers are a complex area of law and pose many potential problems to employers. Forbes Solicitors' Employment law team are experienced in advising employers on the issues surrounding TUPE and can provide expert advice in this complicated area.
The TUPE regulations provide that where:
- a business or part of one is sold to an incoming employer; or
- two or more companies cease to exist and combine to form a new company; or
- activities are outsourced to a contractor, moved from one contractor to another, or brought back in-house
Any employees of the outgoing employer automatically become employed by the incoming employer, on all of the same terms and conditions and with their continuity of employment preserved.
An employee should not be dismissed because of a TUPE transfer. If the sole or principal reason for an employee's dismissal is a TUPE transfer or a reason connected with the transfer, this may give rise to an automatically unfair dismissal.
Following a transfer, an employer may wish to change the terms and conditions of transferring staff, however, any changes where the sole or principal reason for the change is the TUPE transfer will be usually be void.
A breach of TUPE can lead to extremely expensive tribunal claims. It’s vital that you have the best legal team on your side so your business is not left open to expensive claims and further complications.
Forbes Solicitors are experienced in all aspects of TUPE and guide you every step of the way should any issues arise.
Please call Forbes Solicitors on freephone 0800 689 0831 or contact us by email for more information on anything regarding TUPE.
Employment & HR
08 Aug 2017
NEWS AND ARTICLES
Do your employees regularly work overtime? Do you include it when calculating holiday pay? Should you?
We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.
Jayne Mizon
HR Manager
Kepak Convenience Foods
We approached Forbes Solicitors on a recommendation because as a small independent organisation we needed clear guidance and backing on HR matters.
Stephen Neaves
Manager
Piccadilly Garden & Support Service
The Forbes team were fantastic, the work and effort they put in was impressive and I was made to feel at ease throughout the proceedings. I can not thank the Forbes team enough
Peter Morley
Without doubt Jonathan Holden is like a security blanket. He understands that schools need to act in the best interest of school as a whole
Brenda P Allen
FCIPD
I will keep promoting you and your services because I'm fully committed to the quality of your work and the impact that it has in school.
Sharon Asquith
Principal
Ashton Community Science College
Amy Stokes was more than helpful throughout the whole process - Thank you Amy.
Stephen Fielden
Forbes are proactive in relation to changes in legislation and keep me informed via regular seminars, updates and bulletins.
Nicola Watson
Business Support Manager
Birchall Catering Supplies Ltd
I have always found everyone at Forbes to be approachable, helpful and professional, and would have no hesitation in recommending them to any other business
Catherine Ogden
Commercial Director
E A Foulds Limited
May I say how much the employment team at Forbes have helped Samlesbury Hall with staff issues over the past ten years.
Sharon Jones
Hall Director
Samlesbury Hall
...we have found Forbes to be an excellent team of people to work with, fully understanding our needs and goals.
Landon Helsby
Managing Director
Apeks Marine Equipment Ltd.
Joshua Burke
Laura Cieplak
Emma Fitzsimmons
Jonathan Holden
Sarah Petrie
Joanne Pickering
Ruth Rule-Mullen
Amy Stokes
Emma Swan
Tom Wood
