This is a complex area affecting certain transactions from buying and selling businesses to outsourcing services. It can be difficult to identify whether TUPE applies and, if so, what legal obligations the organisation has.
We take the time to fully understand what you want to achieve and work closely with you to identify both the practical and financial implications to put in place appropriate protections for the business.
Understanding whether TUPE applies to a transaction and, if so, what it means for that transaction, are key to ensuring whether the transaction is viable and cost-effective. We take time to understand your business drivers early on and provide clear and decisive advice on whether TUPE applies, what this means for the organisation and what other options are available to ensure that the transaction remains commercially viable.
If TUPE applies, we work closely with you to ensure your commercial agreements properly protect the organisation. Our specialist legal advisers are well known for negotiating terms which reflect the commercial requirements of the organisation to ensure the transaction remains on track whilst protecting the business to the fullest extent possible.
Where informing and consulting obligations arise, we can support you through the process, from helping to prepare key consultation documentation to advising on measures and potential redundancy situations. This way, you can be confident of protecting the organisation from costly Employment Tribunal claims which could undermine the cost-effectiveness of the transaction. Where claims do follow, we will have the knowledge and understanding of the process to help you robustly defend them.
TUPE is part of Shoosmiths’ wider employment and immigration offering. If you would like help finding the right team or lawyer please contact us on +44 (0)3700 863 000 or contact us by email to [email protected].