Transactions, Business Sales, Outsourcing & TUPE
Restructuring your organisation
Restructuring an organisation, whether through merger, acquisition, disposal, or outsourcing raises important and potentially complex employment issues, including 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
We routinely advise on transactions involving TUPE, including insourcing and outsourcing contracts, as well as mergers and acquisitions and business transfers. Our Corporate team can also assist with pensions, regulatory and company matters.
We can get involved at every stage from advising on the election of representatives to assisting in consultations to attending meetings with employee forums and dealing with resulting redundancies. We draft and negotiate indemnities and warranties on outsourcing agreements and business transfer agreements.
Some examples of our work:
- Advising a national client from start to finish on outsourcing 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 changes when the client wins public sector procurement contracts from other service providers.
- Advising on which contractual provisions to include in outsourcing contracts to regulate how TUPE applies after a service contract ends and the service 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 arising from them.