TUPE Advice for Employers

At Citation, we provide TUPE advice for employers who are either buying or selling a business. Our team have a robust understanding of the complexities of TUPE law and can provide advice and support throughout the process.

Our employment law experts offer TUPE advice for employers and ensure you complete your business acquisition, sale or merger without any major complications.

What is TUPE?

TUPE is an abbreviation for the Transfer of Undertakings (Protection of Employment) Regulations 2006. TUPE regulations exist to protect employees’ rights when an organisation or service they work for transfers to a new employer.

TUPE regulations apply to SMEs and large corporations alike businesses and are designed to protect the workforce from losing their jobs, or their employment rights, in the transfer.

Put simply, the TUPE regulations mean that a new business owner inherits the existing workforce and those employees have to be employed on the same terms as before.

It’s a complicated process— and if it involves a merger, the new combined business can end up with employees on different pay scales and benefits.

TUPE regulations also have implications for employers – those who are making the transfer (known as the outgoing employer) and those taking on the transfer (known as the incoming employer).

Business transfers

TUPE applies if a business - or part of a business - moves over to a new owner or merges with another business. The identity of the employer must change to qualify for protection under TUPE Regulations.

Service provision transfers

The regulations apply if services are outsourced. This could take shape as a contractor taking over a service that was previously done in house (known as outsourcing), a new contractor taking over services from a previous contractor (known as re-tendering), or an outsourced contract is transferred in house.

We provide TUPE advice for employers

TUPE regulations can be tricky and even the most experienced business owners struggle to understand the process. Fortunately, our employment law experts can guide you through your TUPE transfer, ensuring all business activities are legally compliant and all parties involved are satisfied.

We’re there to check and double-check the small print and help you negotiate with confidence.

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Our TUPE advice services

When you work with us, our team becomes part of your extended team. We’ll provide advice and help you to gain a deeper understanding of TUPE regulations. Whilst helping with the more practical aspects of a business acquisition or sale. This includes:

When you enlist the help of our TUPE support team, you can also benefit from:

  • 24/7 access to our expert advice line – Our TUPE advice line is manned by our HR and Employment Law team, many of whom are qualified solicitors and barristers.
  • Greater regulatory compliance – Our team is on-hand to keep you updated as soon as any legislation affecting your business or your legal responsibilities as an employer change. This helps you stay compliant at all times.
  • Save time and money – Mistakes can be costly when it comes to TUPE. Working with us helps you to reduce the risk of incurring fines and penalties.

Why work with Citation?

We have extensive experience providing TUPE advice for employers across the UK. No matter whether you require advice on TUPE, employee contracts, recruitment and more, our team can help.

All of our clients can also take advantage of:

  • 25+ years worth of industry experience
  • Atlas, our intuitive online HR management system
  • 4.2* customer service rating (Trustpilot)
  • Bespoke advice from qualified employment law specialists

To find out just how much we provide TUPE advice for employers – from TUPE and beyond – just fill out your details in the form and one of our team will be in touch.

TUPE Regulations FAQs

 

What is the TUPE process?

TUPE regulations require that both the outgoing and incoming employers inform and consult with employee representatives or a trade union before transferring ownership occurs. As an employer, it’s important to remember that this information must be provided to employees with enough time to allow for ‘meaningful consultation’ on the issue. If you don’t do this, you can be penalised. An employer has to consult employee representatives about any part of the transfer that is likely to affect employees and then seek to reach an agreement. The consultation should cover: That the transfer is going to happen, when it’s happening and why. How the transfer is likely to affect employees – for example, could employees have to use new systems, or integrate with new teammates? Whether the new employer might consider something like redundancy or restructuring the business. If your business has fewer than 10 employees, you can inform and consult directly with employees themselves.

When do TUPE regulations apply?

There are two situations where TUPE regulations apply – business transfers and service provision transfers. Let’s take a look at each of them in a bit more detail. Business transfers - TUPE applies if a business - or part of a business - moves over to a new owner or merges with another business. The identity of the employer must change to qualify for protection under TUPE Regulations. Service provision transfers - The regulations apply if services are outsourced. This could take shape as a contractor taking over a service that was previously done in house (known as outsourcing), a new contractor taking over services from a previous contractor (known as re-tendering), or an outsourced contract is transferred in house.

How does TUPE work with redundancies?

When it comes to redundancies, a new employer can’t make employees redundant based just on the transfer. If an employer were to be made redundant with the main reason being the transfer, it would likely be viewed as unfair dismissal by an employment tribunal. However, if an employee is made redundant because of one of the ETO (Economic, Technical or Organisational) reasons above, they may be entitled to a redundancy payment. If a redundancy or dismissal was going ahead regardless of the transfer, TUPE wouldn’t make any difference. Employees do have the right to refuse to work for a new employer. If the employee tells their employer or the new employer that they wish to leave, their employment will end at the transfer time.

How to transfer employee contracts under TUPE

When a new employer takes over a business, TUPE regulations state that they have to take over their new employees’ employment contracts. Their terms and conditions of employment will transfer – along with holiday entitlement and length of continuous employment. It’s a breach of contract if a new employer fails to meet the terms of the existing employment contracts. However, a new employer can change an employee’s terms and conditions if the reason is economic, technical or organisations (ETO) – which broadly relate to company performance, technical process or company structure. The new employer can actually introduce changes to terms and conditions that are favourable to the employee – for example, increasing annual leave to bring everyone to the same amount of annual leave.

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Thank you Citation for helping us through the process. Everything has gone amazingly and we have now completed the TUPE without any issues.

Terry Gabriel London City Tour Ltd.

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Caroline El-Samman, Director Little Jungle Nursery

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We've found the service as a whole, extremely valuable; I have even recommended business contacts and friends in the past who are also now happy clients of Citation.

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