TUPE can transfer employees to you automatically, on their existing terms and with their existing liabilities.
It applies to business sales and to service provision changes, so winning an outsourced contract, losing one, or bringing a service back in-house can all trigger it.
The obligations run both ways as outgoing and incoming employers each have information and consultation duties, with real penalties for failure, and changing transferred terms afterwards is heavily restricted.
TUPE governs what happens to employees when a business or a service moves.
We help with:
- deciding whether TUPE applies at all, which is often the hardest question;
- due diligence on the workforce you are inheriting;
- employee liability information and what must be provided when;
- information and consultation with representatives; and
- the employment aspects of a share or asset sale.
On transactions we work alongside the corporate deal, so the people risks are identified, priced and protected in the sale documents rather than discovered after completion.
See Mergers & Acquisitions under Corporate Law. Where a dispute reaches a Tribunal, we refer out to a specialist.
Our Approach
Legal advice that makes running and growing your business easier.
We start with your business, not the law.
Before we open a document, we want to understand what you are trying to do commercially. The legal answer is only useful if it serves that.
We get to the point.
You get a clear view of what matters and what does not, in plain English, with the real risks separated from the noise.
We give you an answer.
Not a menu of options and a shrug. We tell you what we would do, why, and where there is a genuine judgment call for you to make.
We stay available.
Whether you work with us on a single project or on a subscription, we are here for the follow-up question. We would always rather you asked.
Ways of working together
Fixed-fee projects
A single, defined piece of work for an agreed fixed fee, communicated before we engage. Reviewing a contract, drafting your terms, handling a negotiation.
No surprises and no hidden fees
Flagship Subscription
Ares Access
Ongoing support on a fixed monthly subscription, for businesses that need commercial legal input regularly rather than as the occasional one-off.
- Dedicated lawyer
- Fixed monthly fees
- Commercial advice on demand
From £500 plus VAT per month
Legal Health Check
Fixed fee of £2,000 plus VAT
Any questions?
Phone: 02382 420035
