We have many year’s experience of advising and assisting in business transactions which are subject to the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
TUPE applies whenever a business transfers some or all of its work to another company and includes its employees in the transfer. The law in this area is complex and it is not always obvious that TUPE applies. It is therefore vital that you seek specialist advice from us before any transfer.
We will try to make things as straightforward as possible providing strategic, commercial but practical, advice on:
the practicalities of how TUPE relates to the sale or purchase of a business
the consultation process
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.
To speak to someone who can help with a transfer of undertakings or any other employment issue call, email or request a call back.
Jane specialises in commercial litigation and employment law acting for both employers and employees in both contentious and non-contentious matters. She has also over recent years carved out something of a niche in the field of mobile homes legislation acting for an owner with a number of sites.
Having studied geography at University College London Jane worked for a number of years in the aviation industry which has given her a real insight into the challenges faced by most businesses. Jane qualified as a Solicitor in 2004 before joining Hart Brown in 2011 and becoming a Partner in July 2018. Not only is Jane our specialist in employment law but she is also a prolific blogger within Hart Brown. You can find many of her articles on the 'News' section of the website.
Jane often receives praise from her clients:
“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”.