Mergers, acquisitions, disposals and TUPE

Restructuring your organisation - Mergers, acquisitions, disposals and TUPE

Restructuring an organisation, whether through merger, acquisition or disposal, raises a number of important and potentially complex employment issues including the application of TUPE legislation.

Our employment lawyers work with our clients to help them to identify and address these and avoid any pitfalls, including:

  • the application of TUPE and its consequences
  • collective consultation
  • multiple redundancies
  • employment issues due to insolvency

Doyle Clayton's employment lawyers have advised on numerous situations where the TUPE regulations have applied with regard to insourcing and outsourcing contracts as well as mergers and acquisitions and business transfers.

We have been involved at every step of the process including advising on the election of representatives; assisting in consultations; attending meetings with employee forums and dealing with resulting redundancies, as well as regularly advising on and drafting indemnities and warranties on outsourcing agreements and business transfer agreements.

Some examples of our work:

  • Advising a national client from start to finish on the outsourcing of its non customer facing operational and IT activities. Providing all employment law advice on the matter. 
  • Advising on the TUPE implications of second generation service provision changes when the client wins public sector procurement contracts from other service providers.
  • Advising on the contractual provisions which should be included in outsourcing contracts to regulate how TUPE will apply when the contract for the provision of services ends and the service provision transfers to another provider.
  • Drafting and advising on warranties and indemnities in the sale and purchase agreements for various businesses.
  • Advising on aggressive acquisition and sales processes and on subsequent Tribunal claims that have arisen from them.

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