TUPE, business transfer and outsourcing

The first stage is to identify if this applies to you. So, if you are either:-

Selling or buying a business (including part of it, such as its assets); or

Outsourcing services or acting as a contractor for another who is outsourcing services to you.

TUPE or Transfer of Undertakings (Protection of Employment) Regulations 2006 is very likely to apply to you.

If it does, you will be required to disclose information to staff (inform and / or consult) or face paying up to 13 weeks pay to each employee who is affected by the transaction. Alternatively, if you dismiss such an employee or change their terms of employment, you could face a claim for unfair dismissal or breach of contract.

If you are not sure, do not delay and contact us immediately.

Don’t forget that if you are buying or selling a business, you’ll need help with the commercial transaction and may also need property advice.  Our experienced commercial and real estate teams can help you every step of the way. Similarly if you’re buying a business which employs non-EU migrant workers you’ll need the help of our immigration expert to assess potential liabilities and new obligations.

 

 

Meet the team

Kathryn Casey-Evans
Partner
Employment
Southampton
023 8082 0468
07881 343956
Employment
Simon Rhodes
Senior Partner & Head of Employment
Employment
Southampton
023 8082 0547
07884 184 613
Employment
James Humphery
Senior Solicitor
Employment
Salisbury
01722 426915
Employment
Phoebe Geal
Legal Assistant
Employment
Southampton
023 8082 0504
Employment
Mila Ragi
Legal Secretary
Employment, Agriculture & Rural Property
Salisbury
01722 426904
Employment, Agriculture & Rural Property