Transfer of Undertakings and Redundancy

Clear advice on the transfer of undertakings and protection of employment

Here at Hart Brown, we have many years of 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 become complex and it is not always obvious that TUPE does apply. It is therefore vital that you seek specialist advice from us before any transfer takes place.

We 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.

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.

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 undertakings and protection of employment.

Who to contact

Jane Crosby

Partner, Dispute Resolution & Accredited Mediator

Partner, Dispute Resolution & Accredited Mediator

Jane Crosby

Jane is an employment and commercial litigation solicitor of more than 15 years' experience.

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”.

Family | 29th September 2020

COVID-19 and the law: Can I take my child on...

It has been a long and difficult year for most of us, with many considering finally taking a family holiday. With children having returned to...

Vanessa McMurtrie

Residential Property | 24th September 2020

How long does it take to buy a property? Everything...

Buying a new home is exciting, but you may be anxious about how long the process could take from start to finish. Understanding how long...

Tulia Ristow

Commercial Property | 23rd September 2020

Break Clauses – a costly mistake?

With changing times, property needs are also changing and some tenants are looking for ways to exit their lease early. Sometimes it is a matter...

Tamzin Mandelli

Personal Injury | 21st September 2020

5 Steps to Making a Personal Injury Claim

If you have suffered an injury and someone else was at least partially to blame, you could make a personal injury claim. Making a personal...

Mark Wisby

Employment | 5th May 2020

Out of lockdown – what do employers need to consider?

We have already seen many countries start to implement strategies to release their own lockdowns such as Spain and Germany. Here in this country businesses...

Jane Crosby

Employment | 8th April 2020

Coronavirus Job Retention Scheme Guidance – Updated

The Government has published another update to its furlough scheme on the 4th April. Many businesses are having to make unenviable decisions on how to...

Jane Crosby

Email Us

We will return your email within 24 hours during our office hours.

Submit Enquiry

01483 887766

Call us today if you would like to discuss your legal issue.

Come and see us to book an appointment

At one of our five offices.

Our Offices