Services

Business reorganisation and TUPE

From time to time all businesses need to change; to adapt to a changing world of technological advances, to stay relevant and keep up with evolving consumer demands and to enable growth.

Are you considering changes to your current working practices, workforce terms and conditions or some form of wider reorganisation?


Perhaps technological improvements have meant that there is a reduced business need to employ the same number of staff performing similar functions, maybe you are considering embracing the gig economy and looking at a more flexible form of working arrangements or you might be considering outsourcing a particular service such as marketing or HR, or even a merger with another business.

With any business reorganisation, whether you are considering rolling out changes to your current employment contracts, making redundancies, transferring aspects of your business or outsourcing, there are likely to be technical legal issues that you need to address to ensure that the process is dealt with fairly and reasonably for all concerned. 

 

In each case key considerations include the following:

  • Contractual changes can be tricky to implement without the agreement of staff and it is advisable to have a considered strategy in place before embarking on an exercise;
  • Redundancies need to be conducted in accordance with a clearly defined procedure, and applicable timescales, to be fair; and
  • TUPE will apply in restructures involving business transfers or service provision changes.

 

What does TUPE mean?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. It applies to all businesses regardless of size to protect employees’ rights where there is a business transfer or service provision change.

What does TUPE do?
In order to protect employees’ rights upon transfer of all or part of a business, TUPE provides for three key concepts:

 

  1. The automatic transfer of employment rights from seller/transferor to buyer/transferee;
  2. It protects employees from being dismissed because of the transfer; and
  3. It imposes an obligation for businesses to inform and consult with affected employees and/or their representatives about the legal, social and economic implications of the transfer.

 

We are experienced in advising our clients in relation to all aspects of business reorganisation.

 

Complementary initial consultations with our specialist employment lawyers are provided with no obligation to proceed.

 

Please get in touch today by contacting Melanie Rowe on 01872 226990 (office), 07854 029922 (mobile) or melanie.rowe@murrellassociates.co.uk