Transfers of businesses and workforce (TUPE)

Transfers of businesses or organised parts of businesses involving the transfer of the workforce to another employer have been a common feature of the business landscape for years.

In some cases, the change of the employer occurs automatically, by operation of law (TUPE – Transfer of Undertaking Protection of Employment), and no legal steps that might be taken by the business partners or parties to the employment relationship can effectively stop it.

However, there are also cases where there are no grounds for the automatic transfer of the workforce to the new employer, which may result in the employees’ right to severance pay. It is therefore important to correctly assess the situation and apply a solution that not only meets the interests of the parties to the transaction but also takes into account the applicable legislation and court rulings regarding TUPE.

What we do

For 20 years, we have been assisting clients with all aspects of the employee transfer process, from analysing whether or not TUPE regulations apply in the case in question (if they do not, it is necessary to make employees redundant and offer them employment with another entity) to matters relating to the transfer process itself. We help clients select the best form of transfer of specific assets that are the basis for the transfer, and advise them on the entire transaction process.

We advise on unusual transactions, such as taking over the process (tasks and functions) in BPO/SSC centres without transferring the assets, and on their TUPE-related implications.

Analysis and selection of the appropriate legal basis for the transfer

Drafting of agreements serving as the basis for the transfer

Handling of merger and division processes

Drafting of transfer agreements between employers involved in the transfer

Preparation of corporate documents relating to the transfer

Preparation of necessary documentation in specific employee cases

Drafting of documents required in cooperation with the trade unions

Support in negotiations with the trade unions

Comparative analysis of the terms and conditions of the employees’ employment with the previous and new employers

Assistance with regard to the transfer of resources from the company social benefits fund

Preparation of communications for the workforce concerning the transfer and its consequences