TUPE transfers

Employment law relating to business transfers, out-sourcing and changes of service provider is complex. Transferring (or not transferring) from one employer to another can obviously have major career implications (both positive and negative). We provide expert advice and assistance to executives in this difficult area, based on specialist understanding and deep practical experience.

Our work for executives in this area includes:

  • advising as to whether TUPE applies or not (whether on the basis of a transfer of an economic entity or a service provision change);
  • advising on the implications for the executive(s) of the application (or non-application) of TUPE;
  • advising particularly on any implications with regard to any proposed contractual changes, any post-termination restrictions and any potential redundancies;
  • advising on any pre-transfer negotiations and discussions between the executive(s) and the existing employer and/or the prospective new employer;
  • pursuing claims for executives arising from TUPE, including contractual claims and claims for automatically unfair dismissal
  • defending executives from claims under post- termination restrictions, in a post-TUPE context.