Understanding and ensuring compliance with TUPE is crucial during business transfers, mergers, or acquisitions. Our team of experienced lawyers specialises in TUPE law and is here to guide you through the process, safeguarding both employers and employees.

What is TUPE?

Transfer of Undertakings Protection of Employment (TUPE) is a legal framework designed to protect employees' rights when the business they work for undergoes a change in ownership or structure. TUPE regulations aim to ensure that employees' terms and conditions of employment are preserved during the transfer, safeguarding job security and continuity.

Where the Regulations apply, all the transferor’s (the outgoing employer’s) rights, obligations and liabilities under or in connection with the transferring employees’ contracts of employment are transferred to the transferee. The employee will then transfer over with the preservation of these rights and their continuous service, and if any dismissals or unlawful treatment occur(s), employees will have recourse to make a claim. The application of TUPE and the possible resulting penalties if companies fall foul of the Regulations can pose a significant risk for both outgoing and incoming businesses and it is important to be aware and prepared for these.

Why You Need Legal Assistance

Navigating Complex Regulations

TUPE regulations are intricate and can be challenging to interpret. Our legal experts have an in-depth understanding of TUPE law, enabling them to guide you through the intricacies of the process.

Ensuring Compliance

Compliance with TUPE is vital to avoid legal pitfalls and potential disputes. Our lawyers will ensure that your business adheres to TUPE regulations, minimising risks and promoting a seamless transition.

Protecting Employee Rights

TUPE is primarily designed to protect employees. Our legal team will work to ensure that the rights and benefits of your workforce are preserved during the transfer, promoting a fair and just transition for all parties involved.

Mitigating Risks and Liabilities

TUPE transfers can carry legal and financial risks. Our lawyers will assess potential liabilities, negotiate terms, and implement strategies to mitigate risks, providing you with a comprehensive risk management plan.

Our Legal Services

We conduct a thorough review of your business transfer to assess TUPE implications, ensuring compliance with relevant regulations.

Our legal team provides expert advice on drafting and negotiating contracts to safeguard the interests of both the transferring and receiving parties.

We guide you through the employee consultation process, ensuring transparent communication and compliance with TUPE consultation requirements.

In the event of disputes arising from TUPE transfers, our lawyers offer dispute resolution services, including negotiation, mediation, and representation in legal proceedings.

The sale of my business was completed successfully thanks to the 
unremitting dedication and hard work contributed by the team at MBM. 
Few can claim to meet their exacting standards.

Contact our Employment Law Solicitors in Edinburgh & London Today

If you are managing a business where a TUPE situation may apply, get advice today.

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Our Holistic HR service offers employers a retainer package that provides you with specialist employment law advice at a fixed cost - without the uncertainty and worry of escalating or unknown fees. You’ll get responsive and bespoke HR advice for your business delivered in an understanding and friendly way. It’s like having an on-demand employment law team at your fingertips.

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