If you are transferring employees to an alternative business, such as in a merger or takeover situation, you must do so in accordance with the Transfer of Undertakings (Protection of Employment) Regulations, commonly referred to as ‘TUPE’.

The TUPE regulations protect the rights of employees when they are transferred to a new employer. The employees must transfer to the new employer under their existing terms and conditions and with their length of service intact.

The TUPE regulations provide for certain notices to be given and requirements to be met when transferring employees to a new business. If an employer fails to follow the requirements of TUPE then they may be subject to a claim in the employment tribunal.

Our specialist employment lawyers can advise you on how TUPE applies to your situation and make sure you, as a business, comply with all of the regulatory requirements including informing employees of a proposed transfer, consultation on the potential changes to working practices and communicating the various stages and final decision. Our employment lawyers will also work with our commercial and company department to ensure that any sale and purchase agreement provides the necessary protection under the regulations.

We can also advise individual employees going through the TUPE process as to their rights and the employer’s obligations.

Should you wish to discuss your individual or business situation, please contact Caroline Batko at cab@wdavies.com.