TUPE

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. It is designed to safeguard employees’ rights when the business they work for undergoes a change of ownership or is transferred to a new employer. TUPE regulations ensure that employees’ terms and conditions of employment, including wages, working hours, and accrued benefits, are preserved during the transfer.

TUPE mandates that the new employer takes on the existing workforce under the same terms as the previous employer. It also provides protection against unfair dismissal in connection with the transfer. The primary goal of TUPE is to maintain job security and protect the employment rights of individuals during business transfers.

We provide comprehensive support for employees facing a TUPE transfer, including:

• Legal Advice and Guidance: Helping you understand your rights throughout the process.
• Contractual Analysis: Reviewing and analysing employment contracts to identify any proposed changes by your new employer and assess their compliance with TUPE.
• Consultation Representation: Representing you during the consultation process to ensure your concerns are effectively communicated.
• Redundancy Protection: Guiding you through the redundancy process if potential redundancies arise, ensuring adherence to TUPE regulations and providing legal support.
• Negotiation Support: Assisting in negotiations with the new employer to secure favourable terms and conditions or address concerns related to the transfer.
• Legal Compliance Assurance: Identifying and addressing any potential legal issues promptly to protect your rights.
• Dispute Resolution: Providing representation in dispute resolution processes, seeking amicable solutions, or pursuing legal actions if necessary.

If you are facing a TUPE transfer, it is crucial to understand your rights and obligations. Contact our Employment Law team for advice and support to ensure the transfer process is fair and compliant with TUPE regulations.

We can guide you through the redundancy process, ensuring it adheres to TUPE regulations. Our legal support aims to mitigate any adverse impacts and protect your rights if redundancies are being considered.

Similarly if you are an Employer, we can provide you with expert advice on TUPE and business sales. At Franklins Solicitors, have wide experience in TUPE, so we can help you to minimise risk in carrying through your business sale or acquisition. We work collaboratively with our corporate team, and advise businesses of all sizes on TUPE issues, including:

• Contract review and negotiation
• The process of providing information and carrying out consultation with your employees and election of employee representatives
• Drafting written communications to the impacted employees and Notification of employee liability information
• Post TUPE guidance and support

We assist in negotiating with your new employer to secure favourable terms and conditions or address any concerns related to the transfer. Our aim is to achieve a fair and equitable outcome for you.

If disputes arise, our team can provide skilled representation in dispute resolution processes. We seek amicable solutions, and if necessary, we will pursue legal actions to protect your interests.

To arrange an appointment to discuss legal advice related to TUPE transfers, please contact our Employment Law team by calling 01908 660966 or 01604 828282. You can also email us at info@franklins-sols.co.uk or click on the button below to arrange for someone to get in touch.