Raworths LLP
TUPE TUPE

TUPE

Business

We act for businesses as well as the people who create, own and invest in them, building long term relationships with our clients to understand the unique challenges and opportunities they face. Our depth of experience and knowledge is focussed on providing practical advice designed to meet all our clients’ business needs.

Individuals & Families

We understand how important your case is, our experienced teams are on hand to provide practical and effective legal advice. With one of the largest teams of lawyers in North Yorkshire we work for wealthy individuals and their families, trusts and family businesses - your needs are at the heart of what we do.

Property

Our Commercial, Residential and Agricultural Property teams have the expertise to help you deal with the opportunities and challenges of the freehold and leasehold real estate market. We have substantial depth of experience of the property world and its demands which gives us the crucial ability to help you achieve your aims.

Resolving Disputes

Disputes are an unavoidable fact of life, but when they happen it is essential to find a quick, effective and practical solution to the situation. Whether your issues are commercial or business related, family or personal, we have the depth of experience, imagination and expertise to help you solve your problems.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as ‘TUPE’) can have a significant impact on your business plans if you buy another business, outsource work or successfully tender for work. TUPE states that in these circumstances employees can transfer from the existing employer (a ‘transferor’) to the new owner of the business or the new provider of a service (a ‘transferee’).

The TUPE regulations state that employees who transfer to a ‘transferee’ employer:

  • transfer on their existing terms and conditions; and
  • are protected from dismissal.

There is also a duty on the existing and the new employer to inform and consult with employees affected by any TUPE transfer. Failure to do so can result in all affected employees being awarded up to 13 weeks’ pay if they successfully bring an employment tribunal claim.

So it’s important for you to understand which employees may transfer across to you so you can ensure you follow the correct process and also to understand the costs and liabilities you could be inheriting.

Raworths’ Employment Team has experience of advising employers on the TUPE process, including protecting your position when:

  • putting services out to tender;
  • tendering for outsourced work; or
  • buying a business.

This usually involves making sure agreements include appropriate warranties and/or indemnities to limit your liability where another party is at fault or fails to provide you with the correct information. Our Corporate Team can assist you with all other aspects of such agreements.

In addition, our solicitors can assist by:

  • guiding either the existing or the prospective employer through their duties to inform and consult with employees;
  • carrying out the employee consultations on your behalf and preparing all the paperwork necessary to deal with election of Employee Representatives; and
  • defend employment tribunal claims where individuals claim they:
    • should have transferred to a new employer;
    • were not informed and consulted correctly about a transfer; and/or
    • were dismissed as a result of a transfer.

Our Harrogate based team of specialist solicitors have advised numerous businesses throughout Yorkshire and the rest of the UK on this complex area of law. We have assisted businesses in all industries including the construction, manufacturing, retail, care sector, electrical contractors and restaurant industries.

TUPE is a complex area of employment law. Do not hesitate to contact our team if you need help navigating your way through it.

Related News / Articles

Jun 24

The benefits of a policy for keeping in touch during family leave

Returning to work from family leave can be a significant adjustment for some employees. As...

MORE

Mar 24

Employment law update – Spring 2024

This year is a busy one for employment legislation, after a few quiet years.  The...

MORE

Mar 24

Update for employers – new rules for flexible working requests

The right to request flexible working has been around for over 20 years, and in...

MORE

Jan 24

An employer’s guide to taking grievances seriously

Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management...

MORE

Aug 23

Settlement agreements – considerations for employers

Using a settlement agreement to bring an employment relationship to an end, and effectively wipe...

MORE

Jan 23

What employers need to know about hidden disabilities

Have you ever spotted someone wearing a lanyard with a sunflower as a means of...

MORE

Aug 22

Negotiating a senior executive package

Recruiting the right senior executive can be an immense benefit to a company if they...

MORE