Understanding and correctly applying TUPE is a critical part of the process of buying and selling businesses, outsourcing and internal group reorganisations.
Our specialist TUPE group has a wealth of experience advising on such matters including providing expert M&A employment support, drafting and negotiating suitable legal protections and assisting our clients to manage risk and find commercial solutions to contentious employment transfers.
As employees become more aware of their rights, the risks of not managing these situations appropriately are steadily increasing and can be magnified significantly where large numbers of employees are involved.
We have particular expertise in the following areas:
advising both customers and vendors on the employment aspects of outsourcing tenders
drafting and negotiating both market standard and bespoke warranties and indemnities including to cover multi-jurisdictional acquisitions and outsourcings
undertaking buyer and vendor employment due diligence and advising on pre-sale reorganisations
providing expert opinion on the applicability of TUPE including identifying who is correctly in scope to transfer
scripting and training both employers and employee representatives in meeting their consultation obligations
legislative reform in relation to TUPE and expert analysis of TUPE case law
TUPE-equivalent legislation in overseas jurisdictions
effecting post-transfer redundancies and harmonisation of employment terms
advising on the special rules applicable to insolvent businesses
dealing with TUPE’s effect on pensions and other benefits
managing TUPE litigation
We work closely with clients and provide transactional support both to our own M&A colleagues and to other law firms.