TUPE, Business Transfer & 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

Excellent, very solution-focused and prepared to identify risks associated with each topic prior to advising upon the next course of action.

The employment team in Chambers (2016)

Outstanding

Legal 500 (2015) describes Simon Rhodes

Refreshingly honest, concise with options explored in such a way that I can then understand the associated risks.

Finance Director of a Global Corporate Client re: Simon Rhodes

Ms Casey-Evans is readily available and she expediently responds to queries. I find her manner suits the needs of my company. Her candour, together with her challenging and enquiring nature helps to focus my thinking and achieve the results I am seeking.

CEO of National Charity re: Kathryn Casey-Evans

Overall First Class

Global Director for Bank (Individual client) re: Kathryn Casey-Evans

Her responses are always prompt and the advice given either verbally or in writing is clear and concise. Her highly professional approach and warm personality promotes confidence in the service she is providing and to date her expert advice and support has proved invaluable.

Group Finance Director of Manufacturing company re: Kathryn Casey-Evans

She gave clear and persuasive advice both orally and in writing, and turned round queries and documentation quickly

Director of Care Services Company re: Kathryn Casey-Evans

I recently used the services of Trethowans in an employment matter and I have no hesitation in recommending them. The quality of their legal advice was first class and, in my opinion, superior to many of the larger firms that I have previously used. Their response to issues was always prompt and pragmatic. The costs of their services were fair and a comprehensive breakdown of their costs accompanied their invoice

Managing Director of National Engineering Company re: James Humphrey

Simon’s assistance to date has been invaluable and helped us move effectively through some tricky issues.

Corporate client re: Simon Rhodes

Partners

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

Solicitors

James Humphery
Senior Solicitor
Employment
Salisbury
01722 426915
Employment

Legal Assistants

Phoebe Geal
Legal Assistant
Employment
Southampton
023 8082 0504
Employment

Legal Secretaries

Mila Ragi
Legal Secretary
Employment
Salisbury
01722 426904
Employment

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