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:
- Acquiring employees, together with their rights, liabilities and claims. Can the risk of inheriting significant liabilities be minimised?
- Obligation to provide information to, and potentially consult with, representatives of the affected employees.
- Employee Liability Information to be provided to the new employer, before the transfer.
- 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.
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.
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
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