FOLLOW US Linked In GWL HR Guy

TUPE

If you are thinking of acquiring the whole – or part of another business – or if you are the target of a takeover or merger – you must take into account the provision of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE Regs’).

A transfer for the purposes of the TUPE Regs generally fall into 2 categories:

Business Transfers

This is where a business or part of a business moves to a new owner or merges with another business to make a brand new employer. Where a business transfer takes place the key question is whether there is a transfer of a ‘stable economic entity’ that will retain its economic entity after the transfer.

A Service Provision Change

This is where a contractor takes over activities from a client (outsourcing), a new contractor takes over activities from another contractor (re-tendering), or where a client takes over activities from a contractor (in-sourcing).

The TUPE Regs are extremely complex and it is important that you take expert legal advice before you embark upon any type of transfer.


Our people with expertise in this service