Business transfer & outsourcing

We can make sure transferring employees between organisations, or moving parts of a company’s operations to another provider, is done in an above-board manner.

Help with the legal side of business transfers and outsourcing

The regulations governing business transfers and outsourcing can be very complex. First4Lawyers will help you cut through all the confusion.

Are you thinking of lowering costs by transferring aspects of your business to another company, or contractor? If so, you may need the advice of experts to help streamline and speed up the process.

The minefield that is consultation obligations, employment protection, liabilities and more requires a great of deal of careful planning, and this is where an experienced lawyer comes in.

When you contact First4Lawyers, we can assign specialist business solicitors to your case, who have a wealth of skill and experience in this area and will be happy to help.

What are business transfers?

Business transfers are the full or part sale of a business’s assets. 

What is outsourcing?

In business, outsourcing involves the transfer of business processes to another party (contractor) but not the sale.

What are the regulations governing business transfers and outsourcing?

The Transfer of Undertakings (Protection of Employment) 2006, otherwise known as TUPE, are the main regulations governing business transfers and outsourcing.

The purpose of them is to protect employees’ rights when the undertaking or business they work for changes hands from one employer to another.

These regulations allow existing employees to choose whether they wish to move to the new employer. If so, they will do so with the same rights, pay and benefits intact.

What are my responsibilities to employees transferred into, or out of, my business?

When employees transfer to a new business in line with TUPE regulations, their new employer must take over liability/responsibility for any of the following:
Outstanding disciplinary action or grievances.

  • Ongoing industrial tribunal claims.
  • Any potential legal actions.
  • Collective agreements in force at the time of the transfer – the new employer must continue to recognise the old trade unions that transferring staff may belong to.

What are the duties of the outgoing employer?

The outgoing employer has the following obligations from a legal standpoint:

  • To inform and consult with staff.
  • To provide employee liability information to the incoming employer in writing – ie. age, disciplinary records, employee claims.

Why choose First4Lawyers?

Expert legal services for your business needs - whether it's employment law, policies or commercial property, we can help.

Free initial case review
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Our fully trained legal advisors are happy to offer initial guidance and advice for free

Panel of expert solicitors
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All our solicitors are pre-vetted and experts in providing legal services for business

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What is the proper process for dismissal before or after a business transfer?

An employer must not dismiss any employee on the sole grounds that a business transfer or outsourcing procedure is due to, or has taken, place. In cases where a business needs to cut down its workforce to facilitate the transfer, the business must follow the appropriate procedure for redundancy.

When does TUPE not apply?

TUPE does not apply in the follow circumstances:

  • A company outsources services from a contractor on a one-off basis.
  • A transfer of share takeover occurs.
  • A business transfers assets only – eg. if it just equipment that is sold.
  • There is a transfer of an undertaking situated outside the UK.
  • There is a change of business identity – if the work or organisational structure undergoes radical changes.

My business wants to transfer the assets and employees of an insolvent business – are we protected under TUPE?

TUPE protects incoming employers where the outgoing employer is insolvent. The liability for notice, redundancy and some other forms of compensation will not transfer to the incoming employer.

My business needs further help with transfers and outsourcing – what should I do?

Get in touch with us for a free, no-obligation chat to find out how our solicitors can help you with your transfer and outsourcing needs.

Need a hand? First4Lawyers will...

  • Review your legal requirements for free
  • Recommend the most appropriate action based on your personal needs
  • Assign you a pre-vetted solicitor from our expert panel

Holly was amazing, her attentiveness, understanding and her general customer care was outstanding. Made me feel very comfortable speaking to her. I could not recommend a better company to speak to and with such amazing staff.

Miss Emma J

I was dealt with the most kind and caring manner by Rebeka. Also very efficient by explaining everything I had to know and connecting me to a solicitors who would deal with my claim. Thank you!

Mrs A Hill

Nice staff, very helpful and very easy to deal with. The initial part only took a few minutes. Staff also very knowledgeable and know what they are talking about.

Mr Richardson

Spoke with a lovely advisor called Chelsea who was great. She listened to everything that I said and gave brilliant advice. Her customer service was brilliant, she was very polite and gave me all the information about what are the next steps.

Mr N Dean

Get in touch today to discuss your requirements 08005677866

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