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Business Sales and ‘TUPE’

As your business grows and evolves, you may decide to purchase another business, to outsource a particular service to an external service provider, or to bring a previously outsourced service back “in house”. As a consequence of these developments your business may see new employees arrive from other organisations or see some of your staff transferring elsewhere.

In such circumstances you may well encounter the requirements of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (more commonly known as ‘TUPE’).

Broadly, the TUPE regulations preserve employees' terms and conditions of employment, when a business, or part of a business, is transferred. In practice, this may mean you face a situation where different employees have different terms and conditions of employment and you have different obligations to different employees, all of which have to be managed as consistently as possible on a day to day basis.

Our experience and expertise means that we will be able to advise you on your obligations towards any affected employees, including the provision of information and the requirement for consultation, as well as being able to offer helpful and pragmatic suggestions to deal with any incoming or outgoing employees and any concerns or issues they may have.

We will work closely with you and (where necessary) our Company Commercial Department to manage your transaction effectively. 

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