Tupe is a set of regulations which are legally binding to protect employees by making sure that their contractual rights, responsibilities and continuous service transfer to the buyer. TUPE has implications that influence and bind both the seller (the employer) who is making the transfer (also known as the transferor) and the buyer (new employer) who is taking on the transfer (also known as the transferee).
When does TUPE apply?
There are two situations when TUPE may apply:
TUPE regulations apply if a business or part of a business moves to a new owner or merges with another business to make a new company/employer.
TUPE regulations also may apply in the following situations:
Understanding exactly what is required from you as the buyer or seller is crucial and there is a lot to consider with regards to the regulation which is why we recommend seeking professional legal advice in relation to TUPE.
It is important to note that some of the liability may fall joint and severally therefore making both the buyer and seller liable for any wrong doings and potential Tribunal claims. An example of this relates to the relief providing to successful Claimant’s of up to 13 weeks pay for the Parties failure to sufficiently consult.
Our employment team is able to provide you with the necessary guidance and advice to ensure you have the correct documents in place to protect both yourself as the employer and your employees.
It can be a minefield, but we can help you navigate your way through it. We offer no-obligation initial appointments and can meet you at our office locations in Market Harborough or Leicester. You can call the team directly via 0116 212 1000, alternatively complete our online contact form and we will get back in touch with you.
Our large, experienced team manages volumes of claims, with expertise in business restructurings, redundancies, TUPE transfers, advising on claimant and HR practices, dismissal, disability, whistleblowing and all forms of employment law to affect employees and contractors.
We understand ACAS guidelines and have experience of trade unions, advising on obligations and employee rights. We can act as a preferred supplier of legal services and panel appointments. From employee best practice to Employment Tribunal and Appeals, we provide confident, knowledgeable advice.
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Evidence of our great client service can be seen in the reviews and testimonials we regularly receive. We are always pleased to receive great reviews because it means our clients are happy with the service we provide, and it shows that we deliver on our core values, we don’t just talk about them. We really welcome client feedback and hope you enjoy reading some of the latest testimonials throughout this website.