If your business is changing supplier or wins a new contract, there are often consequences for affected employees.

The Transfer of Undertakings (Protection of Employment) Regulations 2006 or “TUPE“ as it is often known, needs to be given careful thought in the early stages of any outsourcing or business transfer.

Ignoring TUPE can be costly. Failing to ask the right questions at the outset can lead to Tribunal claims and/or inheriting liability of an unknown workforce which the new employer may not want or need.

Jade Linton, Senior Associate in the Employment Law Team at Thursfields said: “Businesses involved in bidding for new contracts or looking to change suppliers should take early advice on whether TUPE does or doesn’t apply. If TUPE does apply then employers need to consider the impact TUPE has on the rights of affected employees, the necessary steps to comply with TUPE obligations (eg to inform and consult) and consideration of any contractual indemnity and warranty protection that could be negotiated.”

With offices in Worcester, Solihull, Birmingham, Kidderminster, Sedgley and Halesowen, Thursfields’ Employment Team can guide employers on when and how to navigate TUPE and advise on mitigating risk. For more information call Jade Linton on 0121 796 4024 or email jlinton@thursfields.co.uk

 

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