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"I recently Instructed Andrew at Business Lawyers Direct to deal with a business sale, Wow ! he was very good, always kept me in the "loop" and spoke in terms which I could understand , I even had a comment from the opposing solicitors that Andrew was extremely efficient."      Steve Gauntlett - Trimwise 

Employees

After the sale of a business, employees are legally protected by the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). As a general rule, the buyer must ensure that all employees receive the same terms and benefits as they had before the sale.

Due diligence conducted by an experienced solicitor will look thoroughly at the current Contracts of Employment, allowing the buyer to make an informed decision on whether or not to purchase and retain current employees.

Business Lawyers Direct will thoroughly look into

  • Who are employed staff (protected by TUPE) and who isn’t (freelancers, agency staff etc.);
  • Contracts of Employment;
  • Benefits, wages, bonuses, pensions etc.;
  • Any responsibility you may have to meet current criteria;
  • Options for removing some or all of the current employees;
  • The possibility of making changes to employment structures down the line;
  • Investigations into employees’ records.

Any staff the buyer doesn’t wish to retain may have their employment terminated by the seller. This is where TUPE comes in to protect the employees during this process. Most commonly, a ‘compromise’ agreement is entered into, where employees accept the termination of employment, along with compensation for losing their rights as outlined in a contract.

Contact Business Lawyers Direct

The law relating to employees can be a complex part of any business purchase or sale. For peace of mind and comprehensive due diligence, conducted by experienced and specialist solicitors, contact Business Lawyers Direct. Call or use our online enquiry form.

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.
Any reference to partner in relation to a firm means a director of the Company or an employee or consultant of equivalent standing and qualification.