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Employment Issues in Business Transfers & TUPE

Business transfers and sales have an impact not only on bosses but on staff, and there are laws designed to ensure that a workforce enjoys the same terms and conditions of employment even if a company is taken over.

Whether you are buying or selling a business, we can advise you on employment matters to make certain that the employees of the business are being treated according to the law. Contact Business Lawyers Direct for a free initial consultation on 0333 777 8003.

What is TUPE?

Under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), when all or part of a business is bought or sold, employee terms and conditions must not be altered.

TUPE legislation is relevant in:

  • Mergers
  • Sales of a businesses by sale of assets
  • A change of licensee or franchisee
  • The gift of a business by Will

However, TUPE does not apply to:

  • Transfers by share take-over
  • Transfers of assets only
  • Transfers of a contract to provide goods or services where this does not involve the transfer of a business or part of a business

Where TUPE applies, all terms and conditions of work and continuity of employment must be preserved. This will include employees who were employed in the transferred business and those who would have been employed if they had not been unfairly dismissed for a reason connected with the transfer.

Contact us

At Business Lawyers Direct we have the expertise to ensure you do not contravene the TUPE regulations, so that your business transfer can go without a hitch.

Call Business Lawyers Direct today on or contact us via our online enquiry form and one of our senior solicitors will be pleased to discuss your requirements.

Business Lawyers Direct is a division of A.S. Matthews Limited which is authorised and regulated by the Solicitors Regulation Authority (561754). Registered office: 136 Park Lane, Whitefield, Manchester, M45 7PX. Company No: 7643746. VAT No: 116572715. Director: Andrew H. Kormornick.
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