TUPE Advice for Employers

Navigate business transfers and outsourcing safely. Specialist solicitors provide TUPE compliance audits, consultation frameworks, and liability protection for employers across England & Wales.

This page is intended for employers only. If you are seeking advice as an employee, please visit our dedicated page here.

Facing a business transfer or service provision change?

Secure expert TUPE legal guidance to safeguard compliance and avoid costly tribunal claims.

Navigating TUPE regulations requires precision – 72% of employers face tribunal risks due to consultation failures or contractual missteps. With £8,900+ potential penalties per employee for non-compliance, proactive legal advice isn’t optional – it’s business-critical.

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🚨 Why TUPE Compliance Can’t Wait

Immediate Risks of Non-Compliance

  • £500/employee fines for incomplete Employee Liability Information (ELI) disclosures
  • 13 weeks’ pay compensation per employee for consultation failures
  • Unlimited liability for historic breaches transferred to your business

⚠️ Critical TUPE Deadlines for Employers

Requirement Deadline Action Needed
Employee Liability Information

Contracts, disciplinary records, pension obligations

28 days pre-transfer
Employee Consultation

Measures, transfer details, ETO reasons

30+ days pre-transfer
Challenge Tribunal Claims

Unfair dismissal, consultation failures

3 months less 1 day post-transfer

🚨 Behind Schedule? Our 24/7 TUPE team can expedite compliance:

✅ Why Choose Our TUPE Solicitors?

🏆 Specialist Expertise:

  • Exclusive focus on employment law since 2012
  • High compliance success rate in TUPE cases
  • 24/7 boardroom support for urgent transfers


🕒 Crisis Management

  • Same-day injunctions for unlawful changes
  • ACAS early conciliation within 48 hours
  • Fixed fees from £1,500 + VAT

 

📈 Conversion-Optimised Support

  • Dedicated client portal for document sharing
  • Pre-transfer workshops for HR teams
  • Post-transfer compliance audits

📋 Essential TUPE Compliance Checklist

1. Pre-Transfer Due Diligence

Confirm TUPE applicability (business transfer/service provision change)

Audit employee contracts, disciplinary records, and ongoing claims

ELI Disclosure Requirements:
  • ✓ Employment contracts
  • ✓ Grievance history (last 2 years)
  • ✓ Pension obligations

2. Employee Consultation Framework

Elect employee representatives if no union exists

Disclose full transfer details 28+ days pre-transfer

Consult on proposed measures (role changes/relocations)

3. Post-Transfer Integration

Maintain existing terms unless ETO reasons apply

Document workforce changes (redundancies/restructures)

Preserve continuous employment dates

Need personalised compliance guidance? Complete our enquiry form for immediate assistance →

Employer-Focused TUPE FAQs

Request Indemnity Clause ReviewYes. TUPE transfers historic employment liabilities, including unresolved discrimination claims. Regulation 4 requires new employers to inherit these obligations.

🛡️ Protect Your Business: Request Indemnity Clause Review

Only with written employee consent or valid Economic, Technical, Organisational (ETO) reasons. Unilateral changes risk automatic unfair dismissal claims (Hazel v Manchester College).

⚖️ Avoid Tribunal Risks: Book Harmonisation Strategy Call

A: Objections terminate employment on the transfer date unless “material detriment” is proven (e.g., >25-mile relocation). Regulation 7 requires documented evidence.

📝 Resolve Objections: Request Consultation Here

By law (Acas Guidance), you must disclose:

✓ Transfer reasons & timing
✓ Role/pay impacts
✓ Proposed workforce changes

Meet 28-Day Deadline: Get Compliant Consultation Scripts

📞 Immediate Compliance Support

Don’t gamble with tribunal risks. Our solicitors intercept TUPE errors through:

ELI Audits – Identify hidden liabilities

Consultation Frameworks – Legally robust templates

Post-Transfer Reviews – 12-month compliance monitoring

Specialist Services for Every Employment Law Matter

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Get in Touch

0330 333 8797
info@wildings-solicitors.co.uk

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