Transfer of Undertakings and Redundancy

Clear advice on the transfer of undertakings and protection of employment

Here at Hart Brown, we have many years’ experience in advising and assisting in business transactions which are subject to the Transfer of Undertakings (Protection of Employment) Regulations; also known and referred to as TUPE.

TUPE applies whenever a business transfers some or all of its work to another company and employees are also included within the transfer. This area of law can often become complex and it is not always obvious that transfer of business redundancy and undertakings applies. It is therefore vital that you seek specialist advice from us before any transfer takes place to ensure that redundancy and business transfers are handled correctly.

As specialists in providing TUPE legal advice will always try to make the process as straightforward as possible by providing strategic, commercial but also practical advice on the following:

  • The practicalities of how TUPE relates to the sale or purchase of a business
  • The consultation process
  • Outsourcing
  • Changes to contracts of employment where these are allowed

Penalties for failing to comply with these obligations can be expensive both for the business transferring the work and the business acquiring it. Therefore, we recommend enlisting expert advice before any transfer of business undertakings and redundancy happens to ensure that there are no legal issues arising at a later date.

If this is not handled properly, employees may be able to bring an unfair dismissal claim and the dismissal could be automatically unfair. So make sure you avoid expensive mistakes by instructing us at the earliest opportunity. We provide TUPE advice for employers to ensure that businesses are legally protected from employees claiming unfair dismissal.

Get in touch today on 01483 887766 to speak to a member of the team about how we can assist you with the transfer of business undertakings and protection of employment. Alternatively, you can get in touch via email or live chat below.

Who to contact

Jane Crosby

Partner, Head of Dispute Resolution & Accredited Mediator

Partner, Head of Dispute Resolution & Accredited Mediator

Jane Crosby

Jane is a Partner based in the Guildford office and she is also Head of the Dispute Resolution team here at Hart Brown. Jane specialises in employment Law and commercial litigation and brings more than 15 years' experience to her role.

Prior to entering the legal profession, Jane was employed in the aviation industry. This experience is appreciated by many of Jane's clients who note that she is able to take a commercial and pragmatic approach to any legal issue that they face.

Jane acts for a wide range of individuals and businesses and her areas of specialism include aviation, property related industries and IT. Jane regularly advises on aspects of employment law, such as settlement agreements, employment contracts, policies and procedures, redundancies, equal pay, data protection, issues arising from TUPE and reorganisations, the calculation of holiday pay, bonus and commission payments, disciplinary and grievance issues, dismissal and termination issues, the protection of confidential information and the enforcement of restrictive covenants. Jane gets involved in GDPR training for her clients and she is able to deliver tailored employment law training sessions upon request.

As a commercial litigation lawyer, Jane also deals in shareholder and directors disputes, commercial contract disputes and the enforcement of restrictive covenants.

Jane has been involved in successful high value commercial litigation for clients in the High Courts, she is an accredited mediator and she is a member of the Employment Lawyers Association.

Jane is often asked to write for a number of well known publications, including The Daily Mail, The Telegraph and The Week and she has been interviewed on BBC Radio 4.

Here is small selection of the feedback that Jane has received:

“Jane, I cannot sincerely thank you enough for your wise counsel and am delighted to have made your acquaintance. If I am blessed with a new position somewhere I will hand over my contract in the first instance to you. Likewise, any of my friends, peers, romans and countrymen wanting advice, I will point them in your direction.”

“Jane, you have been most resilient on my behalf for which I sincerely thank you for all your endeavours. I have a tremendous working relationship with Hart Brown and you have undoubtedly compounded this further."

“I appreciated the clarity of advice given at a stressful time”.

“A sensitive and highly professional approach and efficient work in the interests of the client”.

“Your advice, conduct and assistance have been indeed outstanding and very professional but also – and most importantly – very humane”.

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