TUPE can apply in many contexts, but the most common scenario is when a business (or part of a business) is sold, with the buyer acquiring the assets and goodwill and continues to trade as a going concern.
TUPE also applies where there is a change of service provider. If services which were undertaken in-house are outsourced to a third party or if you take services back in-house, TUPE may well apply.
If your business tenders for new work or loses a contract to a competitor, the implications of TUPE will always need to be carefully thought through, to assess if employees engaged on the contract will transfer.
TUPE is not limited to these obvious situations and consequently, you should always take advice from our specialist employment solicitors to consider whether TUPE might apply. If you don’t, what seemed to be a lucrative contract can soon turn into a burdensome liability.
Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.
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