As you will know, the implications of TUPE are far reaching. Whether your business has decided to insource or outsource a service or contract, the implications for the employees are significant. This is the case whether they will transfer to you, transfer from you or they are employees that will remain in the part of the business that is left. HR is expected to ensure that the process runs smoothly.
HR will need to think about all the implications of this including what terms the employees are on, including what benefits they receive; whether these benefits can be replicated and what the cost will be and whether the business will cope with the influx or exit of its workforce? You will also need to look at the legal requirements of TUPE to ensure that the business complies with its obligations.
Whether you work for the Transferor or the Transferee there is much to do. Above all, you want to ensure that your business is protected from a 13 weeks pay award per employee for failing to inform and/or consult under TUPE. You also want to manage the risks of changing terms of employment or redundancies to avoid, in some case, very significant claims for unfair dismissal or breach of contract.
If you are not sure, do not delay and contact us immediately.
If you business is buying or selling part of the company or a new company, get in touch with experienced our commercial team. You may also need property support and our real estate teams will be able to 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.