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Employment and HR Support - KBL Solicitors

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T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
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  • TUPE / Business Transfers

TUPE / Business Transfers

TUPE / Business Transfers
  • > Confidentiality & Post Termination Restrictions
  • > Defending & Preventing Harassment Claims
  • > Discrimination
  • > Employment Contracts
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  • > Unfair/Wrongful Dismissal Claims

Assessing any costs and liabilities (associated with employees) is vital information to determine the commercial merits of a proposed sale or business transfer.

Under the Transfer of Undertaking (Protection of Employment) Regulations 2006 any employees assigned to a transferring business (or part of it) will automatically transfer and be employed directly by the purchaser. Normally this will be on the same terms and conditions of employment. Attempts to change the terms and conditions of employment could result in costly Tribunal claims.

We advise businesses involved in acquisitions, and mergers, in relation to the applicability of the TUPE Regulations. We also assist and advise on the strict requirements to inform and consult staff under those Regulations.

If a buyer or a seller gets the process set out by the TUPE Regulations wrong, this can result in each affected employee being awarded 13 weeks’ gross pay, in addition to being able to bring other claims in the Employment Tribunal.

The Regulations are also now likely to apply to transfers where functions or work is contracted-out and brought in house after previously being contracted out, or put out to tender for a new contract.

Key issues in any potential business transfer include:

  • Determination of application of TUPE 2006.
  • Determination of which (if any) employees shall transfer.
  • Organisational planning and structuring grouping of employees – by doing this a business may seek to ensure its falls in (or outside) the application of the Regulations.
  • Assessment of risks and liabilities relevant to transferring employees.
  • Provision of appropriate Employee Liability Information to the new employer. Failure to comply may result in the other party seeking compensation of a minimum award of £500 per employee although the award is unlimited.
  • Provision of information and compliance with employee consultation obligations. Failure to comply may result in an award of 13 weeks’ gross pay per employee.
  • Determination of any redundancy costs and procedures (if any). Failure to get this right could result in significant liabilities including unfair dismissal claims.
  • Negotiation of commercial terms, indemnities and warranties to cover and apportion liabilities.
  • Restructuring / harmonisation post-transfer.

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What our clients say about us

  • KBL offers pragmatic and effective advice with an exceptional degree of client care.

    Jonathan Warburton, Warburtons Ltd
  • Thank you for being so kind and understanding when working directly with my mother on a Power of Attorney.

    Mr Robert Whatmough
  • We chose KBL due to their specialism in commercial property and their proven work with Max Spielmann stores.

    Steve Thompson, The Fragrance Shop
  • KBL provides a speedy and efficient Commercial Property service. They are reliable and consistent in their advice and transaction work.

    David Stansfield, William Hare Limited
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KBL Solicitors LLP, a Limited Liability Partnership. Registered in England number OC402496 VAT Reg. No. 421 8505 72 Service provided by solicitors of England and Wales Authorised and Regulated by the Solicitors Regulation Authority SRA Number 627254 www.sra.org.uk

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KBL Solicitors Bolton

28 Mawdsley Street
Bolton
BL1 1LF

Tel: 01204 527777 Fax: 01204 388940 E: enquiries@kbl.co.uk
KBL Solicitors Blackburn

12 Cunningham Court
Blackburn
BB1 2QX

Tel: 01254 268790
E: enquiries@kbl.co.uk

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  • Home
  • Business
    • Commercial Litigation
      • Bank & Financial Investment Mis-Selling
      • Business Disputes
      • Construction Disputes
      • Contract / Terms & Conditions
      • Intellectual Property
      • Manufacturing Disputes
      • Mediation
      • Professional Negligence
      • Property Litigation
    • Commercial Property
      • Academy Conversion
      • Acquisitions & Disposals
      • Compulsory Purchase Orders
      • Energy Performance Certificates (EPC’s)
      • Landlord & Tenant Matters
      • Land Tribunal Work
      • Leases
      • Licensed Trade Premises
      • Option Agreements
      • Secured Lending
    • Corporate & Commercial
      • Agency & Distribution Agreements
      • Banking & Lending Services
      • Business Sales & Purchases
      • Commercial Contracts
      • Group & Company Restructures
      • Company Formation & Registrations
      • Joint Ventures
      • Share Options
      • Shareholders’ Agreements
      • Terms & Conditions
    • Employment / HR Support
      • Confidentiality & Post Termination Restrictions
      • Defending & Preventing Harassment Claims
      • Discrimination
      • Employment Contracts
      • HR Advice Service
      • HR Training
      • Policies & Procedures
      • Redundancy
      • Settlement Agreements
      • TUPE / Business Transfers
      • Unfair/Wrongful Dismissal Claims
    • Insolvency
  • Personal
    • Divorce & Family Law
      • Child Arrangement Orders
      • Children
      • Civil Partnerships
      • Co-Habitation Agreements
      • Divorce & Your Business
      • Financial Remedy Proceedings
      • Just Living Together
      • Living together – the future
      • Parental Responsibility
      • Pre-Nuptial Agreements
      • The end of a Relationship
    • Employee Rights & Disputes
      • Directors / Senior Executives
      • Discrimination in the Workplace
      • Redundancy Situations
      • Settlement Agreements
      • TUPE for Employees
      • Unfair Dismissal
    • Litigation / Disputes
      • Debt Recovery
      • Financial Services Disputes
      • Professional Negligence
      • Property Disputes
      • Probate Litigation
      • Residential Possession
    • Personal Injury
      • Personal Injury
    • Personal Insolvency
      • Personal Insolvency
    • Property
      • Buying a house
      • Equity Release
      • Remortgaging
      • Residential Property Disputes
      • Selling a house
    • Wills, Trusts, Tax & Probate
      • Advice for the Elderly Client
      • Court of Protection
      • Inheritance Tax
      • Power of Attorney
      • Probate & Estate Administration
      • Probate Disputes
      • Trust Advice
      • Will Preparation
  • About us
    • Careers at KBL
    • Testimonials
    • Factsheets
  • Meet the Team
  • News & Events
  • Contact us
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Get in touch

T: 01204 527777 T: 01254 268790 E: enquiries@kbl.co.uk
Request callback