Our employment law team have the expertise and experience to guide you through the process of transferring staff to a new business owner in accordance with the Transfer of Undertakings (Protection of Employment) regulations.
When a business changes ownership, whether as a result of a purchase, merger, or takeover, existing employees are legally protected by TUPE.
This means that existing employees being transferred have the right to retain the same terms and conditions enjoyed under their existing employment. As such, the business receiving the employees cannot simply change the employment contracts of those staff. Our Employment Law Solicitors have been recognised in the Legal 500 and have a robust reputation for providing guidance on handling TUPE transfers for businesses in Coventry and Warwickshire.
Askews Legal is a diverse, multi-lingual law firm that uses best-in-class technology to provide clients with streamlined, modern, and highly effective employment law advice and representation. Our years of experience in employment law means we have a robust reputation for excellence with the UK’s best Barristers and Queen’s Counsel, Accountants and Counsellors who can bring additional support to our employment law department if required. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses.
Below are some of the most common questions employers have concerning discrimination.
Does TUPE always apply?
TUPE applies within the jurisdiction of the UK and if a business has its head office outside of the UK but is partly established in the UK. The law states that TUPE must be followed if the intention is to transfer staff from one business to a new owner, and the continuity of employment will be maintained. It does not matter how small or large the business (on either side of the transaction) is for TUPE to apply.
TUPE may not be applicable, however, if staff are being made redundant or the business is insolvent, and it does not apply within the public sector (unless it is a public to private transfer).
What are the two types of TUPE transfer?
The TUPE regulations cater for two different types of staff transfer:
- Business transfers – whereby a business or part of a business changes ownership.
- Service provision changes – whereby staff are transferred from an in-house service to a contractor (or the opposite of this scenario), or where a contract ends and is given to a new contractor (e.g. a cleaning contract).
What is involved in the TUPE transfer process?
There are four main steps in the TUPE transfer process involving both the old and new employer:
- Both the new and old employers work together to identify who will be transferred.
- Employees to be transferred must be consulted.
- Once the transferring employees are confirmed, the old employer will collate the details of the transferring employees and send these to the new employer at least 28 days before the intended transfer date. This is referred to as ‘employee liability information’ and includes:
- identity and age
- terms and conditions of employment, any active disciplinary and grievance records, or ongoing cases, from the last two years, any agreements between the employer and a trade union (‘collective agreements’) that affect the terms and conditions
- any employment claims made against the current employer in the last two years
- On the agreed date, the transferring employees will become employees of the new owner. Their existing employment contract and length of service will also transfer with them.
What information should be provided to the transferring employees?
As part of the TUPE consultation process, the current employer should provide each transferring member of staff with the following details:
- The reasons for the transfer.
- When the transfer is planned to happen.
- Their rights under TUPE.
- How the transfer will affect them – (e.g. any legal, social, or economic implications of the transfer and any measures envisaged in connection with the transfer, for example, a change in location or salary payment date.
- How the transfer will be completed.
- Any organisation changes which will affect the employee.
If those being transferred are members of a trade union, the employer will need to consult with them during the TUPE process.
Why choose us?
One of the key elements of business success is having a positive and productive team of people that are motivated to ensure the business meets its growth objectives. Our Solicitors are businesspeople themselves; therefore, understand that every decision you make must encompass commercial reality. We receive most of our instructions via word of mouth recommendations because employers in Coventry and Warwickshire are confident that we have the knowledge and dedication they need to protect their best interests.
We are focused on results and achieving them in the swiftest, most cost-effective way possible. Our Employment Law Solicitors will take care of your legal concerns so you can concentrate on your organisation’s future.
To talk to us about discrimination law, please contact us using the form below.
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Depending upon the complexity we are able to offer fixed fees in some cases. In other cases our solicitors chargethe following hourly rate:
- Partner/Member SolicitorHourly rate of £250 + VAT
- Senior Solicitor or Head of Dept: (PQE 8yr+)Hourly rate of £225 + VAT
- Assistant Solicitor/Fee Earner (PQE 3/7yr)Hourly rate of £200 + VAT
- Newly Qualified Fee Earner (PQE 1/3yr)Hourly rate of £170 + VAT
- Paralegals/TraineesHourly rate of £120 + VAT
- Support ParalegalsHourly rate of £100 + VAT