TUPE

TUPE is designed to protect employees’ rights when a business is transferred to new owners. It’s often complex, so if you’re going to be part of a TUPE transfer, it’s a good idea to get specialist legal advice.

What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. TUPE is designed to implement European law, to protect employee’s rights on a business transfer. Subject to certain limited exceptions, if your employment continues with a new employer, your terms and conditions should stay the same – unless you agree to a change or your contract allows you this.

The aim of TUPE is to make sure that your rights are protected.

Employment law experts 

Our employment team are highly experienced in dealing with company restructures and outsourcing arrangements. Because we routinely act for both employers and employees, we see things from all angles in TUPE cases. That means that we can often anticipate arguments which may be put to us and have responses ready. If you’re facing the transfer of your job to another company or organisation, you’ll want to get independent legal advice to make sure that you’re being treated fairly. 

The team is always keen to assist, providing articulate and accessible legal advice.

Our TUPE services

Our specialist employment law experts can advise you on:

  • whether TUPE applies to you in the situation you’re in – or not
  • whether it’s in your best interests for TUPE to apply to you.  It’s possible that a redundancy payment may be preferable for you – every situation is different
  • where you stand if there’s disagreement between the business that is leaving and the new business owners who are coming in. This situation is complex, but we’re used to handling these.
  • which business (the old one or the new one) has a duty of care towards you – it’s surprising that it is not always clear-cut
  • Employment Tribunal claims for unfair dismissal which could be as a result of a TUPE situation and we can represent you at the Employment Tribunal if it comes to that
  • your rights if, after the TUPE transfer, your new employer tries to change your contract, for example pay you less or change your hours.

We’re here to help

If you’d like to meet one of our employment law experts for a confidential, no obligation chat, please get in touch.

We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales

The financial services provided on this page are by Tees Financial Limited, authorised and regulated by the Financial Conduct Authority. Registered number 211314.

Our legal services are regulated by the Solicitors Regulation Authority.

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Frequently asked questions

The answers to many of your questions can be found here, please get in touch for further information.

I have been told my property has development potential. What do I do?

If you’ve been contacted by a developer or a land promoter regarding a potential development to your property, you may wish to consider granting an option agreement or a promotion agreement. An option agreement is made between the landowner and the developer, where it is intended that the developer will apply for planning permission and requires an option to buy the property. A land promotion agreement is used where a developer agrees to apply for planning permission and will market the property for sale on the open market once planning permission has been obtained. This is usually in return for a proportion of the net sale proceeds. The law on this is very complex and you will need specialist advice. 

Contact us today

If you’d like to meet one of our experts for a confidential, no obligation chat, please get in touch.

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