Often the employment law implications of a business restructure are pushed aside and left to the last minute, or forgotten about. Sometimes the consultation obligations can seem onerous and time-consuming when there are urgent business issues to consider.
You might decide to sell a business, or to outsource some functions. Alternatively, you may be about to buy a business, or take some functions back in house if they have been outsourced previously. Any of these are likely to trigger obligations for both parties (namely, the buying and selling entities) under the Transfer of Undertakings (Protection of Employment) Regulations 2013. There are penalties for failure to comply with your obligations to employees arising from these Regulations and certain prescribed steps which employers must carry out before the purchase or sale, or outsourcing/insourcing takes effect. Our lawyers are experienced in guiding businesses through these requirements. We know the HR issues which arise and have strategies for dealing with them. We also ensure that businesses comply with their legal obligations.
You also need to know if you are inheriting an employment liability. Our lawyers carry out due diligence on employment documentation affecting any employees for whom your business is going to become responsible so you know if there are liabilities and can make an informed decision.
How Fox & Partners can help…
- provide advice on when a transfer falls within the TUPE Regulations
- provide step-by-step guidance on what to do if you are the transferor or the transferee
- support you through the information and consultation process
- help with any queries raised by employees
- prepare the necessary letters to go to the employees
- advise you what to say in any meetings with employees
- prepare new contracts of employment which may be required after the transfer
- liaise with the buyer or seller in relation to the business transfer documentation and advise you on employee liability information and the warranties and indemnities for which you might be asked.
Please call us on 020 7618 2400