Our Employment Team has extensive experience advising both employers and employees on all aspects of Transfer of Undertakings ("TUPE") matters.
What is a Transfer of Undertakings?
A Transfer of Undertakings, also known as "TUPE" is when employees are moved to a new employer as part of a legal merger, acquisition or the sale of a business.
For a Transfer of Undertaking to apply, the following conditions must be met:
There must be a change in the entity (either an individual or a company) responsible for managing the business.
The new employer must continue the previous economic activities of the business.
The business must be transferred as a "going concern".
Understanding the TUPE Regulations
The European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003 ("TUPE") exists to protect the staff of any business which has been purchased or is merging with another business entity. These regulations ensure that:
Employees are not unfairly disadvantaged as a result of the business merger or acquisition. Whether you are the new or existing employer, it is important to understand and follow the TUPE regulations to avoid potential claims, complaints and reputational damage.
Under the TUPE regulations, the new employer is legally obliged to take on the existing staff of the purchased or merging business – under the same contractual terms. In addition, the employee’s tenure period accrued with their existing employer is transferred to the new employer. The regulations state:
“Following a transfer, the transferee shall continue to observe the terms and conditions agreed in any collective agreement on the same terms applicable to the transferor under that agreement until the date of termination or expiry of the collective agreement or the entry into force or application of another collective agreement”.
It is important to note that the TUPE regulations do not just relate to full-time employees; part-time workers, apprentice, agency worker, and civil servant / state employee are all included.
Our Transfer of Undertakings (TUPE) Expertise
As an employee, if your employer is planning to, or in the process of being purchased or merging, you may understandably have some concerns regarding your position. Any business or organisation seeking to transfer workers as part of a buy-out or merger must follow the strict TUPE regulations which are designed to protect the rights of employees.
Our Employment Team have specialist expertise in the area of TUPE and related matters, advising and assisting both employers and employees and we have developed a strong and enviable reputation for achieving excellence in this area of law.
Multi-Disciplinary Expertise for TUPE Transfers
As a full-service law firm, Lavelle Partners brings together the legal expertise of multiple practice areas to provide seamless support during TUPE-related business transfers.
Our Employment Solicitors work closely with colleagues in:
Corporate & Commercial – to advise on the legal structure and implications of business sales, mergers or outsourcing arrangements that trigger TUPE obligations.
Property – to support clients where lease agreements or business premises are included in the transaction.
Litigation & Dispute Resolution – to manage and mitigate disputes arising from contested transfers, redundancy challenges or breaches of TUPE obligations.
This integrated approach ensures that both employers and employees receive comprehensive, commercially sound advice when navigating complex TUPE scenarios.
Our Partnership with Talbot Pierce
In collaboration with Talbot Pierce Consulting, we offer seamless Human Resource Management services, including:
Conflict and dispute resolution solutions.
Development of best-practice HR strategies, policies, and procedures.
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