The Transfer of Undertakings (Protection of Employment) regulations that were introduced in 2006 are widely known as “TUPE”.
The purpose of TUPE is to protect the rights of employees when the company they work for is taken over by another business, or if a company undergoes a restructure of its operations.
We have many years of experience when it comes to group restructuring and intra-company transfers of staff. We can work with you to develop a strategy, whether it is changing current terms and conditions or advising you on redundancies.
What We Do
If you are considering or currently working through a company restructure, you will want to ensure that there is a smooth process for both you and your employees.
Our TUPE solicitors help many business owners every year with group restructuring and the TUPE issues that can affect employees.
We regularly advise on issues such as:
- Employment liability – making sure the transferee is fully aware of the employee responsibilities they will be acquiring
- Terms and conditions changes when transferring or merging with another business
- Negotiating appropriate warranties and indemnities to protect your interests
We can offer expert and practical advice before, during and after the restructuring process.
Why Choose Irwin Mitchell?
Our TUPE solicitors regularly provide advice and support on strategic projects and change management within companies. We work with many businesses every year to successfully manage the restructuring of their company and also work with our corporate team to ensure that any restructuring process is managed as effectively and efficiently as possible.
In particular, we have specialist experience in:
- Structuring transactions to achieve minimal disruption to the workforce
- Preparing a step-by-step guide to redundancy and consultation, and assistance in redundancy processes and consultation
- Drafting consultation scripts and correspondence for use within the workforce
- Highlighting any potential risks and how to minimise them, whilst keeping your commercial aims in mind
Examples of our recent TUPE and restructuring advice include:
- Advising a large facilities management company on the acquisition of a business out of administration. The transaction involved the TUPE transfer of over 500 staff and was completed in two weeks despite involving employment due diligence for over 500 employees. We drafted and negotiated the employment provisions for the Asset Purchase Agreement and advised on the strategy for bringing across the former senior members of staff including Directors.
- Advising a private bank’s HR and senior management team on the outsourcing of its IT and Operations functions to two offshore service providers. This involved providing strategic advice on TUPE and negotiating and drafting the employment provisions in the outsourcing agreements. It also included advice to the HR team on how to communicate and manage collective redundancies.
- Drafting and negotiating the TUPE provisions in property management agreements for a large City based property management company.
- Advising a property investment company who provide high-quality student accommodation sites across the UK. The client engages contractors to provide national and local services such as facilities and site management. We have been able to call on our outsourcing experience to provide pragmatic and commercial advice on TUPE, change management and redundancies.
- Advising a multi-national construction firm on the employment and pensions issues arising on the restructuring of its UK divisions. This included advice on TUPE and intra-group transfers, the harmonisation of terms of employment and redundancy.
"Very client-focused, available, forthright and achieve resolutions we're happy with." - Chambers & Partners, 2016 (quote from client)
“(Glenn Hayes, Partner) specialises in the difficult area of TUPE and has been involved in a number of high-profile corporate mergers and acquisitions.” - Legal 500, 2014
"The team acts commercially and pragmatically with a good balance between the legal aspects and helping us achieve our goals from a business point of view." - Chambers & Partners, 2015 (quote from client)
"I always get clear advice and the best options in terms of the way forward, with good risk assessment on the particular issues." - Chambers & Partners, 2015 (quote from client)