Buying or selling a business could mean that you need to undergo the process of transferring staff. This often requires expert legal advice to make sure you follow the complex rules set by the Transfer of Undertakings, (Protection of Employment) Regulations 2006 (TUPE).
TUPE is designed to protect the rights of your employees should you decide to sell your company, part of your business or outsource a particular service to another business.
TUPE is also there to protect the rights of employees of businesses you acquire and may protect other incoming employees when your business takes over certain contracts for the provision of services. TUPE may also apply if your business undergoes a restructure of its operations.
If you need TUPE advice because of a reorganisation, you might also need our corporate solicitors’ advice on corporate restructuring. We can advise across both areas.
We act exclusively for businesses and employers – not for employees.
We can help wherever you are in the UK – we operate nationally with solicitors based remotely across the country but have offices in Sheffield, Birmingham, Cambridge and London.
Our expert TUPE solicitors can advise and assist you on all the key employee and TUPE issues for your transaction, disposal or outsourcing agreement and provide additional support with the help of our corporate team.
The transferring of staff from one organisation to another is both challenging and complex for all parties.
Whether you’re involved in an acquisition, disposal or outsourcing agreement, TUPE provides your employees with the right to be informed and consulted in relation to the transfer of their employment, as well as giving them certain protection from dismissal or changes to their terms of employment.
If you do have to change employees’ terms & conditions, it can be very risky. Watch this video explaining more about the options open to employers:
Whatever stage you’re at with your transaction, our TUPE solicitors can help you with your TUPE requirements, whether you’re:
Buying a business outright
Purchasing part of an existing business
Selling part of your business
Selling your business in its entirety
Involved in a service provision change
Once we understand what’s required from your transaction and the stage you’re at, we’ll help you to:
Draft transactional documents – making sure they’re consistent and achieve your commercial aims
Understand workforce issues from the outset
Understand the requirements of employee liability information
Comply with employee information and consultation obligations
Identify and help remove risks through due diligence reporting
Consider and manage the arrangements for staff at the end of their contracts, including redundancy
Manage employee relations
Negotiate appropriate warranties and indemnities to protect your interests
Manage the risk of altering terms and conditions following the TUPE transfer
Who we help: Business of all sizes across the UK
As a full service national commercial law firm, we provide legal advice on TUPE processes and transactions to businesses and organisations of all sizes throughout the UK from start-ups and entrepreneurs to large plcs.
Why choose Harper James? Our TUPE solicitors’ experience in employment law
Our employment law solicitors have all been recruited from top 100 UK law firms or from large international businesses, and all have more than 10 years post-qualifying experience. Our solicitors work nationally as they are based remotely across the country.
We pride ourselves on delivering an excellent service for clients, but don’t just take our word for it.
Harper James have become a vital part of our business. We get quality advice from experienced solicitors at prices that other firms do not appear to be able to match.
Veejay Lingiah, CEO Flash Sticks
My colleagues and I have found them to be adept at dealing with the variety of challenges facing early stage companies. They are a trusted source for sound, sensible advice and practical deal management.
Jill Shaw, CEO Anvil Semiconductors
Choosing Harper James was one of the best choices we made as a start-up. The firm has provided invaluable advice and insight throughout the early stages of our business.
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A national law firm
We mainly work remotely, so we can work with you wherever you are. But we can arrange face-to-face meeting at our offices or a location of your choosing.
Our commercial lawyers are based in or close to major cities across the UK, providing expert legal advice to clients both locally and nationally.