TUPE Transfers


If you are looking to purchase or acquire a business you should be aware that under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) the transfer will require you to retain all the existing staff. This means you cannot simply dismiss all the staff on the completion of the purchase as their interests are protected under TUPE.

As you would be taking on the responsibility for the staff following the transfer it is essential that you carry out a thorough due diligence on all of the staff within the business to ensure that you are not about to inherit a potential problem. Emplex have assisted a number of business clients with this aspect of the process by identifying any issues of concern and formulating effective solutions to manage the potential problem.

TUPE can be a very complicated area of law which has often caught out many clients (and some professionals too). For specialist advice on dealing with a TUPE situation contact the
Emplex team today.

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