Call us now 01473 688100

TUPE and Business Re-organisations

Helping you protect your TUPE rights - for us it's personal

As an employee are you feeling uncertain about how your employment may be affected after your employer’s business is sold, taken over or merged with another owner? Or has your employer lost a service contract to a competitor and do you want to make sure you are treated correctly?

Our TUPE solicitors are experts in this notoriously difficult area of employment law and they can help you understand your rights and achieve the best possible outcome for you.

What is TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 or ‘TUPE’ for short governs what happens to ‘affected employees’ when a business or ‘undertaking’ is sold or transferred to another person or company. TUPE also applies in many outsourcing contracts when there is a change of contractor. TUPE offers employees special rights and protections.

What does TUPE do?

If there has been ‘a relevant transfer’, TUPE applies.  It protects employees (and only employees) affected by the transfer in a number of ways:

• It requires the outgoing employer or contractor (the ‘transferor’) and the incoming employer or contractor (the ‘transferee’) to inform and possibly consult about the transfer with their respective employees. 

• The employees who are employed in the business or undertaking that changes ownership, or where there is a change of contractor will have their employment automatically transfer to the new owner or contractor on their existing terms and conditions of employment.  This is known as the ‘automatic transfer principle’.

• Any subsequent changes to the existing contracts of employment may well be void and unenforceable by the new employer.

• A dismissal of an employee can be automatically unfair if it is linked to a TUPE transfer.

Sale of shares

TUPE does not apply to the sale of shares in a limited company.  It may, however, apply to any reorganisation that takes place before (or after) the shares are sold.  And you employer will have to make sure it does not act in breach of your contract or unfairly.

How can we help you?

At Quantrills our employment law solicitors are TUPE experts who can discuss your particular circumstances and advise you if TUPE applies and if so what are your rights and how these can be best protected.

On this page you will find links to our Briefing Note and TUPE Checklists so that you can find out more about this complex area of law.

To find out more about how we provide our advice please see our Advice and Guidance for Employees page.

Asking us to help is easy using our Contact page.

Find out how we can help you

Click here to contact us or phone us 01473 688100

01473 688100

Call us now

On a no obligation basis, speak with one of our employment law solicitors about your case and how we can help you

Contact us

Instruct Us

Ready to go ahead? Complete our form online to instruct us.

Instruct us now

Get prepared

Before you call or meet with us it will help us better understand the background facts and your concerns if you:

  • find your contract of employment or service agreement
  • collect together any other relevant correspondence, emails and documents
  • prepare a short chronology or list of key events
  • use one of our online forms to tell us about your problem.

Our online forms are the easy and convenient way to tell us about your case. Our ‘save as you go’ feature lets you complete your answers in your own time.

Reasons to choose Quantrills

Expert help from solicitors Your case will be personally handled by a qualified employment law solicitor with years of experience who will make sure you get the best possible outcome.

Jargon free advice Our clear and straightforward advice ensures you understand your legal position helping you make informed decisions.

Convenient easy access We like to hear form our clients. Instructing your solicitor at Quantrills is easy by:

  • phone and email
  • our online forms you can save
  • meetings held in person, by telephone or Skype

Best client care How we look after you as a client is very important to us so you will recieve:

  • same day response
  • highest quality legal advice and representation
  • value for money and competitive fee options with no hidden costs

Testimonials

View all

Thanks again for your very professional, courteous and considerate services

Thank you note to Tina Cotter from employee client

I do love my job and this is why, with your help and support, I fought so hard to keep it!

My solicitor from Quantrills gave me good advice about what steps to take at each stage

Employee client commenting on our advice

I hope I never have a similar situation again, but if I did I would know that the professionals at Quantrills will listen to me, tell me if I have a case and then support me in getting a resolution.

I always felt that there was a strong ethos of integrity, honesty and fairness from the top down within Quantrills

Employee client commenting on our personal service

I was impressed by their in-depth knowledge and expertise in Employment Law, and am sure I could not have got this sort of advice from a general solicitor. I never felt that my case as an employee was less important to them than the work they did for employers. Everyone at Quantrills was courteous, friendly and helpful to me whenever I visited or phoned the office.

I do not hesitate in recommending Quantrills to anyone who has a dispute with their employer

Employee client thanking Quantrills

I am very grateful for the substantial settlement that Quantrills negotiated on my behalf.