The Government has this week resurrected its proposals to cap exit payments for public sector workers at £95,000.
Our specialist TUPE solicitors can support your organisation with all aspects of complying with TUPE, from whether TUPE applies to advising on pension issues, pension rights and the associated financial risks. The Transfer of Undertakings (Protection of Employment) Regulations that were introduced in 2006 are commonly known as TUPE. They were introduced to safeguard the rights of employees when the organisation they work for is acquired by another organisation or when there is a change in service provider.
The purpose of TUPE is to automatically transfer employees and any liabilities associated with them from the old employer to the new employer by operation of law. It is a significant and often complex piece of legislation and professional legal advice can help to manage the risks, as failure to comply with TUPE can result in costly and time-consuming court proceedings.
Our TUPE advice service
Our experienced TUPE solicitors have many years of experience advising organisations on all aspects of TUPE from deciding whether TUPE applies, advising on employee consultations to negotiating contractual agreements and implementing change post-transfer.
Our extensive sector knowledge and solution-driven approach enables us to give clear, practical advice that is tailored to your organisation's unique circumstances. We work with you to support you through periods of transfer and restructure to minimise disruption to the workforce and ensure that you and your organisation are aware of your legal responsibilities under TUPE.
Our experienced TUPE solicitors help your organisation in all areas of restructuring and TUPE issues that may arise as a result, including:
- support in determining whether TUPE applies and arguing your position;
- advising on employee consultations and identifying measures;
- employment liability - advice on the employee responsibilities you will be acquiring on at transfer;
- changes to terms and conditions following a restructure or merger;
- negotiating contractual agreements
- advise on pension issues, pension rights and the associated financial risks.
Our solicitors are passionate about delivering expert legal advice to support your organisation to achieve a successful resolution to your TUPE issues. Our advice is practical, clear and we work with you to guide you through every step of the TUPE process. Our experienced teams have extensive sector knowledge and experience to assist organisations through periods of uncertainty, change and difficulty.
TUPE arrangements in the housing sector typically need careful negotiation and to be documented correctly. We have worked on numerous stock transfers and contracting in or out exercises. We work closely with our procurement team to ensure the approach to TUPE is appropriate on outsourcing or re-tenders.
If you would like further information about TUPE or how our employment law team can help you, please get in touch.
Provisions within the Housing and Planning Act that remove the need for housing associations (“HAs”) to obtain consent from the Regulator to dispose of social housing (as well as to merge or enter new group structures) come into force on 6 April.
Such freedoms will allow HAs greater flexibility over how they use their assets and, potentially, how they structure their businesses. Our expert panel gathered to discuss the possible opportunities the deregulatory measures offer, together with the likely hurdles. Read the outcome of their discussion here.
Partner in the employment team.
The news that Allied Healthcare is “actively exploring” the sale or transfer of its care and support services means the TUPE implications and risks need to be considered for any would-be buyers.
The Employment Appeal Tribunal (EAT) has found that where a TUPE transfer has taken place, subsequent changes to employees’ terms and conditions may not be invalid...
The Employment Appeals Tribunal (“EAT”) held in Flowers v East of England Ambulance Trust that “normal” remuneration included voluntary overtime if it was paid over a sufficient period.
Employers are having to walk a fine line between protecting their interests whilst also ensuring that they are not breaching their employees’ rights.
The sanctions against employers who knowingly or unknowingly employ individuals who do not have the correct immigration status to work in the UK are stringent.
Under the Working Time Regulations (WTR) a worker is entitled to a 20 minute rest break away from their workstation if their daily working time exceeds six hours. However, there are limited circumstan
What can an employer do when its negotiations with a recognised union break down and they cannot collectively agree changes to terms?
Can an employee’s concerns raised purely out of self-interest constitute a qualifying disclosure for whistleblowing purposes?
What’s on the horizon for HR and employment law in 2018? Kate Watkins highlights key legislative changes and cases to keep an eye out for.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.