TUPE Advice and Guidance

Buying a business might involve inheriting the business workforce and deciding what will happen to the employees needs careful thought.

Employment Services
TUPE and Business Transfers

Buying a business may involve inheriting the business workforce and deciding what will happen to the employees and how they will integrate with your existing operations needs careful thought.

Understanding when and how TUPE applies and what the employer’s obligations are so important. TUPE makes consultation with the employees a key part of the process. It is not only employees of that the business being sold that must be consulted but also the employees of the buying business too if they will be affected.

TUPE does just not apply to business sales. It also might apply when one business wins a contract or piece of work from another business. The business winning the work may be obliged to take the employees from the other business which was previously carrying out that work.

Much depends upon the facts of each case and if you have concerns about a TUPE transfer, please get in touch.

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    Frequently asked questions

    Q: Do I have to take an on existing employees on the same terms and conditions under which they are currently employed?

    A: in short yes but there are ways to consult on changes and agree them within a short period of time and still avoid a claim.

    A: in short yes but there are ways to consult on changes and agree them within a short period of time and still avoid a claim.

    Q: As the new employer must I consult with the transferring employee before the transfer?

    Q: As the new employer must I consult with the transferring employee before the transfer?

    A: no but you must provide the outgoing employer with sufficient information about any proposed changes (or not) by providing a ‘measures’ letter which he should notify to the transferring employees as part of the pre-transfer consultation process.

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    Meet the team

    Andrew Stockton - Head of department

    After graduating from Leeds University, Andrew trained with the firm and qualified as a solicitor in 1984. He has specialised in commercial work since 1989 building a solid reputation for advising a wide variety of clients – from small start up ventures to national organisations.

    Paul Hatton

    Paul takes pride in being a “problem solver” for his clients. In commercial litigation and employment matters he advises clients on a broad range of disputes and problems in the civil courts, striving to nip problems in the bud and minimise the impact on you or your business. Paul studied law at the University of Liverpool and qualified in 2005. He joined Dootsons in 2013, after working for law firms in Bolton and Altrincham, and became a Partner at Dootsons in May 2016. Paul is also an LSM accredited mediator.