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Read moreSpecialist TUPE Employment Solicitors
Our employment solicitors provide expert legal advice on TUPE transfers.
Contact our experts nowOur team of expert TUPE solicitors brings extensive experience and specialised knowledge in handling complex TUPE matters for employers.
With our guidance, you can confidently manage any TUPE-related challenges and ensure a legally compliant, efficient transition. Our specialist employment lawyers are here to guide you through the process, mitigate risks and liabilities and make sure that the transfer is as stress-free and seamless as possible.
What is TUPE?
The Transfer of Undertakings (Protection of Employment) Regulations 2006 — commonly known as TUPE — are designed to safeguard employees’ rights when a business or property is sold or a service provider is replaced.
There are two types of TUPE transfer: business transfers (when a whole business or part of a business changes ownership) and service provision transfers (when services are outsourced to providers, brought back in-house or transferred between providers). These transfers and acquisitions can bring about complex obligations. TUPE doesn't apply to share sales.
If you’re unsure about whether TUPE applies to your situation, it’s crucial to seek legal advice. Any failure to comply can lead to costly legal disputes, fines or damage to your company’s reputation.
Talk to our team by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.
Collaborative, proactive, strategic: how our TUPE solicitors work
What sets us apart is our in-depth knowledge of the legal and commercial aspects of TUPE. We don’t just offer theoretical advice — we apply practical, real-world solutions that help businesses to manage the complexities of transfers while safeguarding their interests.
We understand the full scope of the TUPE regulations, including the critical requirements for employee information and consultation processes, the protection of employment rights and the handling of pension liabilities (in conjunction with our colleagues in our pensions law team).
Our team is highly skilled at identifying and mitigating potential risks, including dealing with employee claims, contract continuity and pension issues. Whether you’re selling all or part of your business, outsourcing services or undergoing a business merger or acquisition, we ensure that all legal obligations are met and that the process runs smoothly.
Our proactive approach aims to minimise disruptions and provide protection to your organisation. We also work holistically and seamlessly with colleagues in our corporate, real estate, insolvency, pensions and immigration teams to save you time and money.
The earlier we’re involved in the process, the better so that we can guide you through all stages of the process — from due diligence and pre-transfer planning to post-transfer integration.
The full spectrum of legal services for TUPE transfers
A strong, collaborative partnership with your legal team is essential to ensure compliance with TUPE regulations and minimise risk. We provide clear, practical advice tailored to your specific situation, helping you to navigate the complexities of TUPE transfers while safeguarding your business interests.
Our employment lawyers provide the whole spectrum of TUPE related services, including:
- Tailored advice on whether TUPE applies.
- Due diligence prior to a TUPE transfer.
- Bespoke guidance on any collective consultation obligations, including any crossover between consultation needed for TUPE transfers and collective redundancy situations.
- Preparing documentation for election of employee representatives in accordance with information and consultation requirements.
- Specialist advice on integration and cultural challenges when employees are transferred to a new employer under a TUPE transfer.
- Support where employees are resistant or object to the TUPE transfer.
- Reviewing sale agreements in relation to liability and preparing bespoke warranty and indemnity protection.
- Bespoke TUPE advice in circumstances where businesses are insolvent and TUPE applies.
Experts in helping employers to stay compliant
Trust our employment law team — one of the largest in the North — to be your one-stop strategic legal partner, offering pragmatic, tailored advice throughout the entire TUPE transfer process (and beyond).
We’ve successfully advised on numerous high-profile transfers, providing tailored solutions to meet the specific needs of each transaction. Our preeminent employment team is proud to be continually recognised in prestigious industry directories, such as The Legal 500 — including as a ‘Top Tier Firm’, ‘Next Generation Partner’ and ‘Recommended Lawyer’.
The team is led by Nick Campbell, a ‘Hall of Fame’ lawyer in The Legal 500 with a national reputation for excellence in complex employment cases. Three of our senior employment specialists are Brendan McAleese, Christine Hart and Dan Walker, who each bring significant expertise in advising employers on wide-ranging TUPE matters.
Meet our TUPE experts
“The team is very in-tune with the needs of its clients. They listen and don't impose some pre-set solution. Instead, they provide sensible advice which is generated from their vast collective experience.”
Employment client feedback, The Legal 500 2024
“The partners and associates are very ‘down-to-earth’ without being condescending. There's an absence of buzzwords and complexity in their discourse without any loss of substance.”
Client feedback, The Legal 500
“The team was very responsive and supportive during a difficult period. They took the time to understand the unique situation and commercial challenges. Their advice is clear and comprehensive. The broad team is able to provide the holistic support required. It's clear that they act as a team, not simply a collection of individuals from different areas of specialism.”
Client feedback, The Legal 500
“The team is very in tune with the needs of its clients. They listen and don't impose some pre-set solution. Instead, they provide sensible advice which is generated from their vast collective experience. The team works very well together.”
Client feedback, The Legal 500
“The team is very reliable, approachable and easy to deal with.”
Client feedback, The Legal 500
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