Business transfers and TUPE

The revised Transfer of Undertakings (Protection of Employment) Regulations 2006, which came into force in 2006 and are known as TUPE, protect the rights of employees when their employer changes as the result of a transfer of a business, or undertaking.

When an employer seeks to buy a business, take over a contract for services or bring work in-house, the application of these regulations is frequently overlooked, which can have serious consequences.

The most common problems are that employers fail to adequately warn and consult with affected employees, seek to dismiss them before or after the transfer or attempt to alter their terms and conditions of employment.

Doing so can render a dismissal or changes to an employee’s contract invalid or lead to employment tribunal claims for compensation for failure to warn.

Taking early legal advice can avoid these pitfalls. We are experienced in working with employers on transfer of undertakings and can advise you throughout the process to ensure that the correct steps for legal compliance are taken.

For more information on how we can help you, please contact us on
01702 339222 or at employer@btmk.co.uk