'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:
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.
15 May 2018
Employment & HR
Capita Customer Management Ltd v Ali UKEAT/0161/17/BA
We find that the Forbes team take a pragmatic and supportive approach and enjoy working with their team.
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.
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
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Brenda P Allen
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Ashton Community Science College
Amy Stokes was more than helpful throughout the whole process - Thank you Amy.
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Business Support Manager
Birchall Catering Supplies Ltd
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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.
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Apeks Marine Equipment Ltd.