Outsourcing and TUPE can raise complex legal issues for employers. Our team of recognised experts have second to none experience of the increasingly complex commercial scenarios that arise – including where multiple incoming contractors are involved. Our market-leading knowledge means we can review the proposed structure and identify and head off potential issues at the outset, saving time and costs later down the line.
We can provide pragmatic and effective advice on the full range of scenarios where TUPE might apply including in corporate acquisitions, outsourcing and insourcing arrangements and other projects. This includes advice on structuring the employment aspects of transactions, commercial negotiations and information and consultation processes in both private and public sector transactions.
We also support transactions with an international reach. We can co-ordinate with our network of leading independent law firms around the world (our preferred firms) to provide the most effective advice on international projects.
Our experience in the field is recognised by a number of leading employment and HR publishers including XpertHR and Practical Law for whom we provide editorial content on a range of TUPE issues.
You can also listen to Adrian Martin talking about TUPE on a podcast recording.
Areas of focus
We have expertise in delivering advice in the following areas:
- Structuring issues, such as determining whether TUPE applies.
- Contract negotiation and advice on TUPE warranties and indemnities.
- Advice on the additional complexities involved where there are multiple contractors.
- Employee representative and trade union consultation.
- International TUPE/ARD advice from a network of international employment lawyers.