What is TUPE and is it relevant to my business transfer?
Both buyers and sellers of a business share a duty to inform and consult with affected staff during a transfer of undertakings.
Each bears a responsibility to protect workers’ employment contracts under the Transfer of Undertakings (Protection of Employment) Regulations 2006.
A failure to involve staff in discussions that change their terms and conditions could lead to every one of those employees claiming 13 weeks’ pay at an employment tribunal.
Delphi can provide expert advice for any company involved in the complex process of transferring ownership.
We are experienced in identifying the duties, obstacles and solutions which may occur in any TUPE situation – and in negotiating and harmonising contracts, and post-transfer working conditions, for staff, so the transfer of a business occurs quickly and smoothly.
If redundancies are likely to be an unavoidable part of the transfer of a business, Delphi can provide expert assistance during the process.
For TUPE sellers, Delphi:
- Negotiates with the buyer of your company to agree employment contracts and working conditions for staff affected by the transfer.
- Engages with employees and their representatives to negotiate and agree any changes that may affect staff during the transfer.
- Compiles a full complement of information about all transferring employees in the legally required timeframe for the transfer of a business.
For TUPE buyers, Delphi:
- Negotiates with the seller of the transferring company to agree employment contracts and working conditions for staff affected by the transfer.
- Identifies any economic, technical or organisational reasons why changes to staff terms and conditions will be necessary.
- Identifies equivalent benefits that may be offered to staff in place of existing terms and conditions that cannot be honoured by their business.
- Engages with employees and their representatives to negotiate and agree necessary changes to staff terms and conditions for a transfer to occur.
- Compiles a full complement of information about all transferring employees in the legally required timeframe for the transfer of a business.
- Constructs up-to-date written statements of employment for transferred staff to confirm their unchanged or newly agreed terms and conditions.