Providing TUPE advice to housing organisations

Our specialist TUPE solicitors can support your organisation with all aspects of complying with TUPE, from whether TUPE applies to advising on pension issues, pension rights and the associated financial risks. The Transfer of Undertakings (Protection of Employment) Regulations that were introduced in 2006 are commonly known as TUPE. They were introduced to safeguard the rights of employees when the organisation they work for is acquired by another organisation or when there is a change in service provider.

The purpose of TUPE is to automatically transfer employees and any liabilities associated with them from the old employer to the new employer by operation of law. It is a significant and often complex piece of legislation and professional legal advice can help to manage the risks, as failure to comply with TUPE can result in costly and time-consuming court proceedings.

Our TUPE advice service

Our experienced TUPE solicitors have many years of experience advising organisations on all aspects of TUPE from deciding whether TUPE applies, advising on employee consultations to negotiating contractual agreements and implementing change post-transfer.

Our extensive sector knowledge and solution-driven approach enables us to give clear, practical advice that is tailored to your organisation’s unique circumstances. We work with you to support you through periods of transfer and restructure to minimise disruption to the workforce and ensure that you and your organisation are aware of your legal responsibilities under TUPE.

Our experienced TUPE solicitors help your organisation in all areas of restructuring and TUPE issues that may arise as a result, including:

• support in determining whether TUPE applies and arguing your position;
• advising on employee consultations and identifying measures;
• employment liability – advice on the employee responsibilities you will be acquiring on at transfer;
• changes to terms and conditions following a restructure or merger;
• negotiating contractual agreements
• advise on pension issues, pension rights and the associated financial risks.

Our solicitors are passionate about delivering expert legal advice to support your organisation to achieve a successful resolution to your TUPE issues. Our advice is practical, clear and we work with you to guide you through every step of the TUPE process. Our experienced teams have extensive sector knowledge and experience to assist organisations through periods of uncertainty, change and difficulty.

TUPE arrangements in the housing sector typically need careful negotiation and to be documented correctly. We have worked on numerous stock transfers and contracting in or out exercises. We work closely with our procurement team to ensure the approach to TUPE is appropriate on outsourcing or re-tenders.

If you would like further information about TUPE or how our employment law team can help you, please get in touch.

Provisions within the Housing and Planning Act that remove the need for housing associations (“HAs”) to obtain consent from the Regulator to dispose of social housing (as well as to merge or enter new group structures) come into force on 6 April.

Such freedoms will allow HAs greater flexibility over how they use their assets and, potentially, how they structure their businesses. Our expert panel gathered to discuss the possible opportunities the deregulatory measures offer, together with the likely hurdles. Read the outcome of their discussion here.

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