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TUPE Legal Advice

Whether you’re acquiring a business, outsourcing a function, or your company is being transferred to a new owner, TUPE regulations can feel like a complex minefield. Get it wrong, and you could face significant legal liability, employee disputes, and reputational damage. Get it right, and the transition becomes manageable for everyone involved.

That’s where our TUPE legal advice comes in. With more than 20 years of experience guiding UK businesses through business transfers, acquisitions, and service provision changes, we know exactly what employers and employees need to know to navigate TUPE compliantly and confidently.

Tupe Legal Advice

What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. In simple terms, it’s a piece of employment law designed to protect employees when a business, or part of a business, transfers from one employer to another. It also applies when a service is outsourced, retendered, or brought back in-house.

The key principle behind TUPE is straightforward: if you work for a business that changes hands and your work is continuing, your employment doesn’t end. Instead, you automatically transfer to the new employer on the same terms and conditions, with your length of service preserved. This means your pay, benefits, contractual rights, and continuous employment all stay intact.

However, TUPE involves complex legal obligations. Both the old employer (the transferor) and the new employer (the transferee) must follow strict consultation and information-sharing procedures. They must inform and consult with employees before the transfer happens. They cannot dismiss employees simply because of the transfer, and they cannot change terms and conditions without valid business reasons. Get these obligations wrong, and employers face potential tribunal claims, fines, and significant disruption.

What you get with Vero HR

  • We’ll analyse your situation to determine if TUPE regulations affect your business transfer, acquisition or service provision change
  • We’ll help you understand your legal obligations to inform and consult with employees, and guide you through the correct processes to minimise legal risk
  • If you’re acquiring or transferring to a business, we’ll help you gather, review, and analyse all relevant employee liability information
  • Our team can review and draft TUPE provisions in transactional documents to ensure they’re legally sound and protect your commercial interests
  • We support you through the actual transfer process, helping you manage communications, timelines, and employee concerns
  • After the transfer is complete, we’re here to advise on any employment law issues that arise, from harmonising terms and conditions

The benefits of our TUPE advice

Clarity on your obligations

We’ll explain exactly what you need to do, when you need to do it, and why it matters. No jargon, just practical guidance tailored to your situation.

Reduced legal risk

Reduced legal risk and potential tribunal claims by following the right procedures from the start. You significantly reduce the risk of tribunal claims, unfair dismissal allegations, or discrimination claims.

Clear communications

Clear communication and a fair process actually improve retention and reduce disruption after the transition.

Expert advice

With more than 20 years of supporting businesses through complex employment situations, we’ve seen a wide range of TUPE scenarios.

“I liked that Vero HR felt like a partner rather than just a vendor because they always wanted to get the best results for me. They wanted to grow their business by doing right by us, rather than constantly trying to sell me things I didn’t need, they were interested in our success.”

Executive Communications Sector

“I have found Vero HR to be an excellent partner to our business. Their HR knowledge, administrative support and payroll accuracy are all superb.”

Head of HR Media Sector

Why should I choose Vero HR?

Since we first started Vero HR in 2005, we’ve been supporting UK businesses with their employment law and HR challenges. When it comes to TUPE, we combine legal expertise with genuine HR understanding to give you advice that’s both legally sound and practically helpful.

We’re one of the top-rated HR outsourcing companies in the UK, with multiple award wins and excellent client reviews. Our clients trust us because we deliver results.

Curious to learn more about our company and our approach? Discover more below, or check out our case studies to see how we’ve supported businesses just like yours through complex employment law situations.

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Your TUPE questions answered

TUPE applies when a business, undertaking, or part of a business is transferred from one employer to another as a going concern. This includes acquisitions, mergers, and changes of ownership. It also applies to service provision changes, where a service is outsourced to a new contractor, moved to a different contractor, or brought back in-house.

Both the transferor and transferee must inform and consult with employee representatives before the transfer happens. Organisations must provide employees with specific information about the transfer, the reasons for it, any measures being taken in connection with it, and how it will affect them. If there are fewer than 10 employees affected, consultation can be done directly with employees. For larger numbers, you’ll need to consult with elected employee representatives or recognised trade unions.

The transferor must provide the transferee with Employee Liability Information (ELI) at least 28 days before the transfer. This includes details of employees transferring, their contractual terms, any ongoing employment tribunal claims or grievances, and any outstanding legal issues. This information is critical for the buyer to understand what liabilities they’re assuming. If ELI isn’t provided, the transferee can claim compensation from the transferor.