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""They provide great advice and support in terms of responding and helping us in understanding the process.""

Chambers and partners 2017

""Katherine is able to relate to us and make her advice very understandable""

Chambers and partners 2017

"Naomi Greenwood is held in high regard by clients for her "consideration and clear depth of experience,""

Chambers and partners 2017

"Commercial, pragmatic advice delivered on a timely basis"

Legal 500 2016

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Takeovers, mergers and TUPE

Is the business you work for being bought by another business? Have the words ‘TUPE takeover’ been mentioned?

This is a complex area of law that we are able to guide you through step by step.

We realise hearing that the business you work for is changing ownership could be a worrying thought. We are able to advise you on how TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) protects your existing employment contract. When the business or part of the business you work for changes ownership the original terms and conditions of your employment may be preserved.

The TUPE regulations apply to businesses of all sizes and TUPE protects two types of transfers:

  1. Business transfers; and

  2. Service provision changes.

If you would like general information about how you can be affected by TUPE or would like specific advice in relation to the process you are being affected by, please contact Katherine Maxwell or Naomi Greenwood who will be able to ensure the process is legally compliant. 

Business transfers

A business transfer is when a business, undertaking, or part of a business or undertaking transfers from one employer to another. Mergers, where two companies close and combine to form a new company are also classified as a business transfer.

To find protection under TUPE the identity of your employer must change.

Service provision changes

There are three situations where a service provision change would take place:

  1. service previously undertaken by your employer is awarded to a contractor;

  2. contract is assigned to a new contractor during a re-tendering process; or

  3. contract ends with the service being performed ’in house’ by the former client

Work contracts for example cleaning and catering usually see service provision changes. TUPE only applies if you can clearly identify that the contract is:

  • for the supply of goods for the company’s use; or

  • carried out in connection with a single specific event or short-term task.

If you are unsure if TUPE applies then please contact one of our friendly team who will be able to provide you with tailored advice so that you can fully understand your position and options.

 

 

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