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Mergers and TUPE

Takeovers, Mergers and TUPE

The sale or merger of a business involves many considerations.

When you consider the potential effects it can have on your workforce, it pays to be aware of the employment rights of everyone concerned.  

Many business sales or mergers fall into the scope of TUPE – the Transfer of Undertakings (Protection of Employment) Regulations 2006. These protect the rights of employees affected by the transaction.

However, TUPE can also extend to insourcing and outsourcing exercises, and establishing whether or not TUPE applies can be complex. In seeking advice from us, you’ll benefit from our long experience advising on TUPE transfers and supporting our Corporate colleagues on a wide range of transactions.

Call on our in-depth experience with takeovers, mergers and TUPE

Investing in our expertise early on in a business sale or merger ensures you know and understand your obligations from the very outset, and therefore makes the rest of the process far easier to manage.

You may face complex and costly claims if you don’t provide the information that TUPE requires, fail to carry out consultation with affected employees, dismiss staff, or change terms and conditions without following the right procedures. The good news is, we’re here to help you through all of the required steps, and minimise any risk to your organisation.

Ensuring every angle is covered

In the midst of a sale or merger, it’s natural that one of your primary focuses will be the people involved. That’s why we work closely with you to ensure your existing workforce is fully informed and engaged through any changes, and that once the transactions are complete, the business’s transition to a new era runs as smoothly as possible.

We’ve helped clients all over the UK deal with a wide range of circumstances brought on by takeovers, mergers and TUPE considerations. Examples of our experience and expertise include:

  • completing a detailed due diligence exercise relating to over 250 employees, as well as negotiating employment warranties and indemnities and negotiating and amending a service agreement for a managing director to be employed post-sale, settlement agreements for departing director shareholders, and a consultancy agreement for a director
  • advising on the sale of a financial services intermediary, including advising on the transferring employment liabilities, and reviewing and drafting supporting documentation
  • facilitating the TUPE transfer of staff from 15 leisure centres to a new provider
  • providing hands-on consultation for a client selling their family business
  • advising on how best to protect a business when undertaking a change in company set-up following extensive investment
  • sharing expertise on the employment aspects and costs to consider in a tender for new services to be provided to a local authority
  • giving advice on the merger of three charities via a TUPE transfer
  • advising on the purchase of a garden centre business from a national chain, involving detailed due diligence and advising on TUPE obligations
  • defending a company client facing 14 employee claims following an alleged TUPE transfer.


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