TUPE (Transfer of Undertakings - Protection of Employment)

What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. The Regulations were first passed in 1981 but overhauled in 2006. The 2006 Regulations came into force on 6th April 2006. 

The regulations were introduced to protect employees when the business that employs them changes hands.  This means that the employees and their rights/ responsibilities move from the old employer to the new employer enabling them to enjoy the same terms and conditions, with continuity of employment, as with their previous employer.

What does this mean for businesses?

The TUPE 2006 regulations apply to many different types of business transactions and need to be considered every time your business is involved in outsourcing, in-sourcing, acquiring or selling part (or all) of a business. Businesses regardless of size and sector need to be aware of the implications of TUPE.

If businesses fail to recognise duties under TUPE they can face numerous unfair dismissal claims, penalities of at least £500 per employee and collective awards to all employees of up to 13 weeks pay.

How can Gordons help?

The questions of where and when TUPE does apply is an extremely complex one, it is therefore imperative that businesses seek specialist legal advice if they think a transaction might involve TUPE.  Gordons employment law team have established expertise and experience advising business on the impact of TUPE regulations on all commercial transactions.

Recent projects include:

• Advising a food manufacturer on the applicability and effect of TUPE after purchasing a competitor who was subject to administration proceedings.
• Additionally our team has advised on the outsourcing of a national maintenance and supply contract from a distribution client to a client’s own in-house distribution service.

Gordons TUPE Master classes

Gordons’ Employment Law team run bespoke TUPE ‘Master Class’ Employment Law Workshops for our clients.  These ‘Master Classes’ are in-depth, practical workshop sessions that utilise the knowledge and experience of our specialist TUPE team.

During the ‘Master Class’ sessions delegates receive step by step guidance and in depth practical understanding on all they need to know on TUPE.

The sessions enable businesses to benefit from the practical experience of Gordons employment law team in a thorough examination of the subject areas.  They also take away detailed notes and resources to refer back to, should the need arise.

If you are interested in arranging a bespoke training session for your HR team or attending one of our scheduled events please contact Rob Cowling on 01274 709 505 or email rob.cowling@gordonsllp.com