TUPE & outsourcing

Employment law relating to business transfers, out-sourcing and changes of service provider is complex. Getting it wrong can be expensive. We provide expert advice and assistance to employers in this difficult area, based on specialist understanding and deep practical experience.

Our work for employers in this area includes assisting transferor and transferee employers with:

  • issues as to whether TUPE applies or not (whether on the basis of a transfer of an economic entity or a service provision change);
  • pre-transfer negotiations and discussions, drafting and negotiating indemnities and warranties where suitable;
  • the obligations to inform and/or consult with employee representatives
  • the transferor’s obligation to provide employee liability information;
  • redundancies and restructuring in a TUPE context;
  • changing terms and conditions of employment in a TUPE context;
  • collective agreements and union recognition in a TUPE context;
  • contractual pensions issues in a TUPE context;
  • defending claims from employees and employee representatives arising from TUPE, including for automatically unfair dismissal and failure to informal and consult properly
  • post- termination restrictions, in a TUPE context