All aspects of the protections of TUPE, including the automatic transfer of terms and conditions, making changes, avoiding unfair dismissals and future liabilities.

Case study

The team assisted with the purchase of an East Midlands SME by a larger national organisation.  The purchase was a whole business purchase and so the employees engaged at the East Midlands SME were subject to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  The employment team assisted the corporate team to ensure that the purchaser had all of the employee liability information required ahead of the sale, and to ensure that the correct warranties and indemnities were within the purchase agreement, in order to protect our buyer clients.

Our employment experts assisted the purchaser and worked alongside the seller to ensure that the obligations to inform the affected employees about the TUPE transfer and consult with them on any measures proposed after the transfer.  We provided structured guidance for the transfer and consultation process.  There was a reduction in headcount proposed and consulted upon prior to the transfer, meaning that the redundancies could take effect shortly after the transfer.  The process was managed seamlessly to ensure that it could be business as usual as soon after the transfer as reasonably possible, and this continuity of service was preserved, and no upheaval felt by the business’ customers.