The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) applies to a relevant transfer which can be defined to cover a transfer of business and a service provision change.
Business transfers occur when a business is sold from one owner, to another. A service provision change occurs when a client engaging a contractor to do work on its behalf reassigns the contract or brings the work “in-house”.
It is particularly important that an 'incoming' employer is aware of employees they may inherit as a result of the transfer, and the 'outgoing' employer must provide information about those employees to allow businesses to assess any potential liability they may have as a result.
Our employment team can advise you as to the applicability of TUPE, and indeed any liability 'incoming' employers may take on as a result of a transfer. Our employment and corporate departments work closely in respect of business transfers to ensure our clients receive expert advice on all aspects of the transaction.