The Employment team works closely with our colleagues in the Commercial Law, Corporate, Banking & Finance and Commercial Property teams to advise on the employment issues associated with:
- Business sales and purchases
- Outsourcing; and
- Service provision changes
We advise on due diligence exercises and the parties’ obligations under the Transfer of Undertakings (Protection of Employment) Regulations – TUPE.
We regularly provide advice in the following areas:
- The review of employment policies, contracts of employment and employee liability information as part of a due diligence exercise
- Whether the TUPE regulations will apply to a transaction and their effect
- Which employees will be affected by a transfer
- The duties of the vendor and buyer to each other
- The duties of the vendor and buyer to the affected employees
- The duty to inform and consult employees with regard to the transaction
We also regularly advise both buyers and sellers with the regard to the negotiation and drafting of service agreements where a shareholder agrees to remain as an employee of the business in a share sale.
The team also has extensive experience of advising large groups of employees where they have been invited to enter into settlement agreements further to a business transaction between their current employer and a purchaser.