TUPE and Workplace Restructuring Solicitors in Cheltenham
Legal advice on employee rights during business transfers and organisational change
TUPE and Workplace Restructuring Explained
TUPE and workplace restructuring are governed by specific legal rules that determine how employment rights operate when a business changes ownership, structure, or operating arrangements. Whether TUPE applies, and how employers carry out restructuring, can have a direct impact on continuity of employment, contractual terms, and redundancy rights.
Pembridge Solicitors is based in Cheltenham and advises employees on TUPE transfers and workplace restructuring across Cheltenham, Gloucestershire, and throughout England and Wales. We have advised employees in a wide range of sectors on proposed transfers, service changes, and reorganisations, helping them understand their legal position and respond appropriately to changes affecting their employment.
What Is TUPE?
TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations. These regulations apply where a business, or part of a business, transfers to a new employer, or where services are outsourced, insourced, or re-tendered.
Where TUPE applies, employees assigned to the transferring business or service usually transfer automatically to the new employer. The regulations are intended to preserve continuity of employment and prevent employees from losing rights purely as a result of the transfer.
Whether TUPE applies is a legal question. It depends on the structure of the transaction or service change and does not apply automatically in every reorganisation.
Employee Rights Under TUPE and Changes to Terms
Where TUPE applies, employment normally transfers on existing terms and conditions. This includes pay, contractual hours, holiday entitlement, and continuity of service.
Employers are generally restricted from making changes to terms and conditions where the reason for the change is the transfer itself. Variations connected to the transfer are usually unlawful unless a specific legal exception applies.
In limited circumstances, changes may be permitted where there is a genuine economic, technical, or organisational reason involving changes in the workforce. Whether this applies depends on the facts and must be assessed carefully, as unlawful changes can give rise to claims.
Redundancy, Restructuring, and Role Changes
TUPE does not prevent redundancies altogether, but it does restrict when and how redundancies can be made. Redundancies that are directly connected to a transfer may be automatically unfair unless the employer can show a valid reason unrelated to the transfer itself.
Where restructuring takes place without TUPE applying, employers must still follow fair procedures. This includes consultation, fair selection processes, and consideration of suitable alternative employment.
Understanding whether TUPE applies, and how redundancy rules interact with it, is often central to assessing whether an employer has acted lawfully.
Common Issues Employees Raise
Employees affected by TUPE or restructuring often seek advice on changes to job roles, proposed redundancies, alterations to pay or working patterns, and whether continuity of service will be preserved.
Questions also commonly arise about consultation obligations, the enforceability of proposed changes, and the implications of refusing new terms. Early advice allows these issues to be assessed before decisions are finalised.
Settlement Agreements
Settlement agreements are sometimes offered during or following TUPE transfers or restructuring exercises. These agreements usually involve an employee agreeing not to pursue legal claims in exchange for compensation.
Settlement agreements must meet specific legal requirements to be valid. It is important to understand what rights are being waived and whether the terms offered properly reflect the legal position before signing.
Request a Callback
Your enquiry will be forwarded to the appropriate legal team, who will contact you as soon as possible.
TUPE and Workplace Restructuring – FAQs
Does TUPE always apply when a business is sold?
No. TUPE applies only where the legal conditions for a transfer are met. Some business sales and internal restructures do not trigger TUPE. Each situation must be assessed individually.
Can I be made redundant because of TUPE?
Redundancies connected to a TUPE transfer are restricted. While redundancies are not completely prohibited, they must be for genuine reasons unrelated to the transfer itself. Advice helps assess whether a redundancy may be unfair or unlawful.
What if I do not want to transfer?
Employees can object to transferring under TUPE, but doing so may end employment without redundancy pay. This decision carries risk and should be taken with legal advice to understand the consequences fully.
Does TUPE apply to all restructures?
No. TUPE applies to specific types of transfers. Some restructures do not involve a transfer to a new employer and are dealt with under different rules. Advice helps determine which legal framework applies to your situation.
What happens to my length of service?
Where TUPE applies, your continuity of employment is usually preserved. This can be important for rights such as redundancy pay and unfair dismissal protection.
Are there time limits to challenge TUPE or restructuring issues?
Yes. Strict time limits can apply, particularly where claims may be brought before an Employment Tribunal. Early advice is important to avoid missing deadlines.
TUPE and Restructuring Legal Advice in Cheltenham
Legal advice on TUPE transfers and workplace restructuring is provided to employees in Cheltenham, across Gloucestershire, and throughout England and Wales, with nationwide support available by telephone or video call where appropriate.
Speak to a Solicitor
If your role is affected by a TUPE transfer or workplace restructuring, you can speak directly to a solicitor for advice on how the law applies to your situation.
Call 0330 900 0377 or contact us online to arrange a confidential consultation.
How to Find Us
Calderwood House
Montpellier Parade
Cheltenham
GL50 1UA
If you need directions or have any questions before visiting, please contact us and we will be happy to assist.