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Transactional Support Including TUPE

Employment Law for Businesses

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.

Recent examples of transactional support include:
  • Advising a large Kent based charity with regard to its obligations to more than 100 employees under TUPE upon its restructure as a charitable company
  • Advising the owner of a chain of gastropubs with regard to its TUPE obligations upon the sale of the chain
  • Advising the purchaser of the assets of an insolvent business with regard to an employment tribunal claim from a former employee of the insolvent business, which resulted in the dismissal of the claim at a preliminary hearing

For further advice, please contact a member of our Employment Law team. Girlings has offices in Canterbury, Ashford and Herne Bay.

Our Experts

Carl Vincent

Head of Department
Employment Law

Paul McAleavey

Partner
Employment Law

David Morgan

Senior Associate Solicitor
Employment law

Will Chrusciel

Assistant Solicitor
Employment Law

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