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Transfers of Business

If your employer has decided to sell all or part of its business to another company (for example in a merger of two businesses), or if it decides to change premises, it needs to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’ Regulations).  These TUPE Regulations offer important safeguards to employees when their employer’s business is changing hands.

Transfers of Business TUPE SolicitorsIf your employer is intending to transfer its business, it needs to undertake a specified consultation process, as set out in the TUPE Regulations, whereby they need to provide you with certain information regarding the proposed transfer of business and consult with you in good time before the transfer.  If they do not correctly inform and consult with you or your elected employee representatives, in line with the TUPE Regulations, you could be entitled to compensation.

It is also important to note that if your employer changes your employment contract, where the reason for the change is the transfer, such changes are potentially void.  We can advise you further whether or not your employer has properly varied the terms of your employment contract in accordance with the TUPE Regulations.

Furthermore, if your employer dismisses you due to the transfer, you could have a claim for unfair dismissal. Please see our section on unfair dismissal.

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Mr M Amin

I recently instructed Saracens in an employment matter, as a returning client having used the firm twice before. I received an excellent service, just as I had expected.

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