TUPE Employment Law Solicitors

TUPE Employment Law Solicitors

The Transfer of Undertakings (Protection of Employment) Regulations 2006, known as TUPE, protect employees when the business or service they work for changes ownership. Whether you are an employee concerned about changes to your employment, or an employer navigating your responsibilities under TUPE, our solicitors can provide expert advice and representation. 

At Sunrise Solicitors, our TUPE employment law solicitors offer clear, strategic guidance on TUPE-related issues. We ensure that all rights, obligations, and processes are correctly handled, helping you to avoid legal risk and manage the transition smoothly. Reach out to us and get free initial advice from our TUPE lawyers, we may offer services on ‘No Win No Fee’ subject to eligibility and case assessment.

What Is TUPE

TUPE is a legal framework that applies when a business or part of it is transferred to a new employer, or when a service changes provider. It ensures that employees retain their existing terms and conditions when moving to a new employer as part of a business transfer or outsourcing arrangement. 

There are two main types of TUPE transfers: 

• Business Transfers – where ownership of a business or part of it moves to a new employer 

• Service Provision Changes – where services are outsourced, reassigned between contractors, or brought back in-house 

Under TUPE, employees are transferred automatically to the incoming employer with continuity of service and their contractual terms preserved.

When Does TUPE Apply 

TUPE may apply in several business situations, including: 

• The sale or merger of a company 

• A contract being outsourced to a third-party service provider 

• Re-tendering of a service contract to a new contractor 

• Bringing previously outsourced services back in-house 

However, TUPE does not generally apply in cases of share sales, as the employer itself does not change, only its ownership.

TUPE and Employee Rights

When the TUPE regulations apply, employees are entitled to specific protections designed to preserve their employment status throughout the transfer process. 

The key rights include: 

• Automatic transfer to the new employer – Employees move to the incoming employer without needing to agree to new terms. 

• Preservation of terms and conditions – Existing contractual terms must be maintained after the transfer, including salary, working hours, and holiday entitlements. 

• Continuity of service – Employees retain their original start date and length of service. 

• Protection against dismissal – Any dismissal where the main reason is the transfer may be automatically unfair, unless there is a valid economic, technical, or organisational (ETO) reason. 

• Right to consultation – Employers must inform and, in most cases, consult with elected employee representatives before the transfer takes place. 

Any attempt to change employment terms purely because of the transfer is likely to be unenforceable unless there is a lawful justification supported by business needs.

Responsibilities for Employers

Both the outgoing and incoming employers have legal duties under TUPE. 

The outgoing employer must: 

• Provide the incoming employer with employee liability information 

• Inform and consult with employee representatives regarding the transfer and proposed changes 

• Coordinate with the incoming employer to manage the transition process 

The incoming employer must: 

• Honour all contractual terms of transferred employees 

• Take responsibility for employees dismissed due to the transfer 

• Consult with representatives of existing and transferring employees if changes are proposed 

• Recognise and continue any collective agreements in place 

Failure to meet these obligations can result in Employment Tribunal claims and financial penalties, including awards of up to 13 weeks’ gross pay per employee for breach of the information and consultation requirements.

Common TUPE Concerns

Businesses and employees alike may have concerns during a TUPE process. These often include: 

• Attempts to harmonise terms and conditions after the transfer 

• Proposals to change pay, working hours, or job roles 

• Lack of consultation or transparency before the transfer 

• Uncertainty around pensions, redundancy, or contract variation 

For employees, it is essential to understand your rights before agreeing to any changes. For employers, proper planning, legal advice, and effective communication can reduce risk and maintain staff morale.

How Can We Help

At Sunrise Solicitors, we provide tailored legal support on all TUPE matters. Our team of TUPE solicitors and TUPE lawyers advises both employees and employers on: 

• Whether TUPE applies to your situation 

• Your rights and obligations before, during, and after a transfer 

• Consulting with staff and union representatives 

• Employee liability information and compliance 

• Negotiating and drafting TUPE clauses in contracts 

• Handling disputes, redundancies, or unfair dismissal claims 

We also assist with the practical implementation of the transfer and help resolve any post-transfer issues that may arise.

Why Choose Sunrise Solicitors 

Sunrise Solicitors provides expert TUPE legal advice to both employees and employers involved in complex business transfers. 

Here is why clients choose us: 

• We are a trusted London-based firm with over 17 years of experience in employment law 

• Our team advises both employees and employers, offering a balanced and strategic approach to TUPE matters 

• We provide clear, practical advice that is tailored to your circumstances and business environment 

• Our solicitors assist with all stages of the TUPE process, from legal compliance to dispute resolution 

• We offer flexible appointment options, including remote consultations and urgent same-day advice 

• We may be able to assist you on a No Win No Fee basis, subject to eligibility and case assessment 

• Our advice is always focused on achieving the best possible outcome while protecting your rights and minimising legal risk.