transfer of undertakings

The basic principle of TUPE is to protect employment rights when a business is transferred, usually to new ownership. However, both UK and European Courts have been vexed by questions such as:

• When does TUPE apply?
• What is a relevant transfer?
• What assets / employees must transfer?
• Can terms and conditions be changed after the transfer?
• When do the consultation obligations apply?

The law surrounding TUPE is confusing and complex. The employment department's experience in this field, together with our access to up-to-the-minute case law, can help advise on business transactions and litigation arising from TUPE.