What is TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and is an important piece of legislation that aims to protect employees if the business that they work for changes hands.
Under what circumstances would TUPE affect me and my business?
TUPE can affect you and your business in a number of different circumstances. Some common ones include:
- You choose to sell or buy your business or part of your business
- You decide to outsource services or bring previously outsourced services back in-house
- You take over a lease or licence of business premises and operate a business from them
TUPE is well-documented to be a very complex piece of legislation and rarely is a case straightforward.
If your business is involved in any kind of transfer – whether moving property, buying or selling a business, transferring assets, redeploying employees or transferring customers, then it is important you take specialist legal advice to make sure you are aware of any implications and that your business is protected.
What rights do employees have under TUPE?
Under TUPE, employees have a legal right to transfer to a new employer on their existing terms and conditions of employment and with all their existing rights and benefits.
For this reason, before transferring a business, it is important that the new owner should know all about the employees they may inherit and fully understand their contracts of employment.
How can I protect my business?
Seeking advice from an experienced solicitor is incredibly important. TUPE legislation is highly complicated and you will need to make sure you obtain the right advice to ensure you comply with the regulations to avoid risk of tribunal and legal claims being made against you.
At JWK Solicitors, we work closely with our Employment department to ensure a smooth transition between businesses.
JWK can help you. Get in touch today
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Clare started work at JWK Solicitors in 2004, after completing her LLB at Oxford Brookes University and her LPC at Nottingham Law School. She works within the Commercial... Read more
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