Transfer of Undertakings and Redundancy

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 the 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.