Securing TUPE regulation protection in commercial agreements

If you are considering buying or selling a business (not transferring ownership of shares), or are likely to be outsourcing, re-tendering or in-sourcing a service contract, you should seek early legal advice on the terms of any arrangement before you enter into it.

Part of any initial contracting legal advice also needs to include the likely implications to arise from the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 on your proposed course of action.

While TUPE regulations protect the rights of employees, you should carefully consider and negotiate the myriad of TUPE regulation issues as part of any contractual negotiations for the transfer of a service or change in service provision.

Not including adequate provision for the TUPE regulations in your contracts or agreeing to provisions without fully understanding their purpose and implications could expose your business to high costs and liabilities.

If you require assistance, we have extensive experience of advising and negotiating on TUPE regulations contracting issues and can advise you on the extent of your obligations in simple and plain terms.

We can assist you in ensuring that you draft your business transfer or service provision change contract using terms that protect your interests. We can also help you to understand your obligations under TUPE regulations and your responsibilities as an employer or prospective employer.