If you are buying or selling part of a business and employees are being transferred, then you will have to ensure the TUPE provisions are applied to the workforce.
At Macks Solicitors, our employment lawyers help to ensure that TUPE provisions are met as failure to do so could potentially lead to an Employment Tribunal claim.
Our team can also help employees who are concerned about how a business sale or takeover could affect their employment and provide expert employee legal advice on TUPE provisions.
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Employees who are being transferred to a new employer are entitled to be consulted regarding the transfer of their employment to a new employer. A failure by the business to provide sufficient information or to properly consult with affected employees can result in an employee bringing a claim for compensation.
At Macks, we are TUPE experts and we will ensure that your business receives comprehensive legal advice on the TUPE provisions to minimise the risk of employee claims and disputes.
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) apply when a business or business department is transferred to a new employer. When this happens, employees have protective rights including protection against unfair dismissal during and immediately after the business transfer. The employee also has the right to the same employment terms and conditions on the transfer of their employment to the new business entity.
Business transfers can be extremely stressful for both employers and employees. Staff members often complain that they have been left in the dark. Our employment solicitors can advise on best TUPE practices and consultation procedures to minimise reputational damage through reporting employee concerns.
What does TUPE Mean for Employers?
As an employee, it is understandable that you are concerned about your employment rights if the company you work for transfers ownership.
TUPE protects employees by providing the following employment rights:
- An employer must inform and consult with employee representatives about the proposed TUPE transfer
- Existing contractual terms and conditions transfer over (including holiday entitlement)
- The right to bring an Employment Tribunal claim against an employer for redundancy, unfair dismissal, or discrimination because continuity of employment is maintained
If an employee believes they have not been properly consulted or given appropriate information about a proposed transfer, have had terms and conditions of employment changed by a new employer, or have been dismissed because of the business transfer, then it is best to take urgent employment law advice.
Our expert Employment law Solicitors can assess your TUPE rights and determine whether they have been breached and consider your employment law rights and remedies.
We offer a comprehensive employment law service to both employers and employees on TUPE provisions and, where necessary, representation in Employment Tribunal proceedings.
How Macks Can Help
We will thoroughly explore your case and determine the best course of action that is tailored to your specific needs.
We will discuss the funding arrangement that best suits your situation and provide you with efficient, practical advice.
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