BTO Employment Law

Glasgow & Edinburgh Employment Lawyers

Glasgow & Edinburgh Employment Lawyers BTO Solicitors LLP
Glasgow : 0141 225 5291
Edinburgh: 0131 222 2951
Email: employmentlaw@bto.co.uk
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TUPE Transfers and Competitive Tendering

Do you tender for client contracts? Do you put your IT support, cleaning, or other services out to tender? Are you planning to acquire another business, or sell part of yours? You need to be aware of the implications of the TUPE Regulations.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE for short) were designed to protect employees when their business changes hands or (in certain cases) where the client contract they work on is transferred to another provider.

Employers disregard TUPE at their peril. There will be few employers whose organisation will be unaffected by the provisions of TUPE, at one time or another.

You will need to consider TUPE if you are:

  • Acquiring a new business or selling yours (in whole or in part)
  • Taking over an existing business in other circumstances
  • Putting a service (such as IT, HR support, cleaning) out to tender for the first time
  • Taking over a client contract from another service provider (or losing a client contract to another provider)
  • Bringing a service back in-house

TUPE will (if the various requirements are satisfied) transfer the employment of the relevant staff to the new employer, and they will be protected from detrimental changes. The main issues businesses need to be aware of include:

  1. Acquiring employees, together with their rights, liabilities and claims. Can the risk of inheriting significant liabilities be minimised?
  2. Obligation to provide information to, and potentially consult with, representatives of the affected employees.
  3. Employee Liability Information to be provided to the new employer, before the transfer.
  4. Restrictions on ability to “harmonise” terms and conditions.

TUPE is one of the most complicated areas of employment law and employers need to be aware of potential TUPE issues, taking specialist advice to ensure that the risks are minimised. BTO has expertise in this area and can provide detailed advice in relation to the legal issues, consult with Unions, advise on pension issues and staff communication etc.

Why BTO?

We offer straight talking, commercially sound, business focussed advice.  Based in Glasgow and Edinburgh, we cover the whole of Scotland and beyond. Our highly rated employment law team has an excellent reputation and you can be confident that you have the necessary expertise on your side to guide you every step of the way from consultation to final solution.  We can also offer ongoing HR support and advice. Our aim is to provide you with the correct commercially targeted advice that will save you time and money.

Next Steps

Call us on 0141 225 5291 or 0131 222 2951 or use the form at the top of the page to get in touch.

Key Contacts

Caroline Carr, Partner BTO Solicitors LLP
Caroline Carr
Partner & Accredited Specialist
cac@bto.co.uk
Laura Salmond, Partner BTO Solicitors LLP
Laura Salmond
Partner
lis@bto.co.uk
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Jacqueline McCluskey
Partner & Accredited Specialist
jmcc@bto.co.uk

Rhona Wark, Consultant BTO Solicitors LLP
Rhona Wark
Consultant
rmw@bto.co.uk
Douglas Strang, Associate BTO Solicitors LLP
Douglas Strang
Senior Associate
dst@bto.co.uk
Lesley Grant, Associate BTO Solicitors LLP
Lesley Grant
Associate
ljg@bto.co.uk

About BTO

We cover all aspects of law including corporate, commercial, personal matters and litigation. For all your legal needs, we’ve got them covered. For more information please visit www.bto.co.uk

Further reading

  • Settlement (Compromise) Agreements and exit packages / discussions     
  • HR Advice for Businesses and Organisations
  • Contracts of Employment, Policies and Procedures
  • Disciplinary and Grievance Issues
  • Redundancy – Issues to consider for your business
  • Tribunals – Employment Disputes, Representation and Resolution
  • Absence Management
  • Employment Law Training

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