TUPE Guidance for Employers

Our employment solicitors are experienced in dealing with TUPE issues and can help with:

• Advising on complex issues where it is not obvious whether TUPE will apply to an outsourcing. For example, if at the time of the outsourcing the nature of the service is changing
• Advising on questions as to which employees will be affected by a TUPE transfer. For example, in the case of service transfers where employees spend some, but not all, of their time working in the service that is being transferred. This issue can often apply to employees working in central functions such as accounts or where employees currently work in certain geographical locations and the new service will have different boundaries
•  Helping employers to avoid liability (which can be up to 13 weeks’ pay per affected employee) for failures to inform and consult with employees or representatives
•  Drafting warranties and indemnities for incoming employers to offer protection against employee claims that pre-date the incoming employer’s involvement
• Drafting exit provisions in outsourcing contracts to protect an organisation’s position when there is a future TUPE transfer
• Advising on collective elements of transfers, such as transfer of union recognition and collective agreements
• Advising employers as to whether there is an ETO reason that might justify dismissals (for example, where the new employer does not need all transferring employee because of economies of scale) and the fair process to be followed in relation to any dismissals
• Advising on an employer’s post-transfer duties in relation to pensions auto-enrolment and immigration right-to-work checks
• Providing advice to companies purchasing the assets of insolvent businesses on the different way in which TUPE applies in those cases
• Advising those with outgoing employees on what information they need to provide to the new employer, and when they need to do so