Under business transfer law, employees are protected by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), which were amended in 2014.
Employees’ jobs are usually transferred automatically in a business transfer, unless a company is insolvent and then redundancy might be an option.
TUPE applies to all businesses operating in the UK – even if the head office is in another jurisdiction.
There are two types of business transfer protected under TUPE:
TUPE can be extremely complex and in some circumstances employees might not be protected. However, when TUPE applies, employees’ contracts and continuity of service also continue if a business is transferred
Duncan Lewis employment law solicitors advise employers to take expert legal advice at an early stage of any business transfer, to ensure that employees are treated fairly under TUPE – and to avoid any possible liability leading to an Employment Tribunal claim for unfair dismissal or constructive dismissal.
A new employer should be familiar with the existing employment contract and the company’s employees before they take over – and Duncan Lewis can review employment contracts before a transfer takes place and advise on issues such as pension benefits and entitlement and share entitlements.
If employers do not follow the set procedure for TUPE, it is likely they will face penalties.
Before a transfer of ownership, an employer advise the trade union or employee representatives that:
If any changes are taking place s a result of the transfer, Duncan Lewis employment solicitors can advise on gaining employees’ agreement to the changes and negotiating with employees’ representatives or a trade union.
Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters, so can understand potentially contentious employment matters from both sides, including high-cost employment cases.
The Duncan Lewis employment team can represent all types of employers, both large and small in matters under the Employment Rights Act 1996 and other relevant employment legislation such as TUPE.
Duncan Lewis also has successful departments covering civil liberties and the Human Rights Act, as well as finance, property and housing, family and childcare, mental health, personal injury and immigration law – all of which may be relevant or offer additional insight into employment matters.
Our in-house experts are on hand to advise whenever necessary in an employment matter.
Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options to suit all sizes of business:
If you have a problem with employment and TUPE, it is important to take legal advice as soon as possible before a situation escalates.
Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter – including advising on TUPE before a transfer occurs.
Duncan Lewis also has a successful track record in advising companies and employers on employment disputes involving and business transfers involving TUPE.
Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.
For expert legal advice on employment law and TUPE, call Duncan Lewis employment solicitors on 020 7923 4020.