WBW employment solicitors offer practical advice on the employment implications of a business transfer. This includes employee due diligence and advising employers on rights and responsibilities under employment laws including the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).

TUPE protects employees of a business when the business, or part of the business is transferred from one owner to another, or where the service provider changes. We can advise whether the transfer is affected by TUPE and the employment implications and practical steps to follow.

An implication of TUPE is that all employees have a right to transfer to the new employer on the same terms and conditions as before.  Parties cannot choose which of the employees are transferred.  TUPE also requires the seller to provide certain employee information to the buyer and for them to consult with affected employees about the transfer.

We will help you to avoid the pitfalls of non compliance with TUPE which could otherwise result in hefty financial claims from employees or the other party.

We can also assist you with restructuring that is often required by a business post transfer. Changing the terms of employee contracts or considering a reduction in staff levels requires special care to avoid employee claims such as constructive or unfair dismissal.