TUPE and Restructuring
TUPE and restructuring solicitors in Cheltenham
At Pembridge Solicitors, we advise employees affected by TUPE transfers and workplace restructures who need clear, practical guidance at a time of uncertainty. Based in Cheltenham, our employment solicitors help individuals understand how proposed changes may affect their role, pay, and job security. TUPE and restructuring situations can be confusing and stressful, particularly where communication is unclear or changes are happening quickly. Our role is to explain your rights in plain English and guide you through your options with calm, informed advice.
What is TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) regulations. These rules apply when a business, service, or part of a business transfers to a new employer. In most cases, employees assigned to the transferring work move automatically to the new employer on their existing terms and conditions. TUPE is designed to protect employees from losing their jobs or having their terms worsened simply because a transfer takes place.
When TUPE applies
TUPE commonly applies during business sales, outsourcing, insourcing, or where a service contract changes hands. Whether TUPE applies depends on the facts, including the nature of the work, how it is organised, and whether there is continuity after the transfer. Determining whether TUPE applies is often one of the most important and contested issues, which is why early advice can be crucial.
Understanding workplace restructuring
Restructuring involves changes to how a business is organised, which may affect roles, responsibilities, reporting lines, or staffing levels. This can include mergers, reorganisation of teams, changes in job roles, or redundancies. Restructuring does not automatically mean job losses, but it can lead to significant changes that affect employees’ rights and future prospects.
How TUPE and restructuring affect employees
Employees affected by TUPE should usually transfer on the same terms and conditions, with continuity of employment preserved. Employers are limited in their ability to change terms following a transfer. In restructuring situations, employers must follow fair processes and consult with employees where changes may affect them. Understanding what changes are lawful, and which may be challenged, is key to protecting your position.
How we handle TUPE and restructuring matters
When you instruct Pembridge Solicitors, we begin by reviewing the proposed transfer or restructuring in detail. We assess whether TUPE is likely to apply, what rights you have, and whether the employer’s approach appears fair and lawful. We explain how your role, pay, benefits, and continuity of employment may be affected. Where concerns arise, we advise on raising questions, responding to consultation, and challenging changes where appropriate. Throughout, we focus on clarity, practicality, and protecting your interests.
Consultation and communication
Employers are required to inform and, in some cases, consult employees about TUPE transfers and restructuring proposals. Proper consultation should give you an opportunity to understand what is planned and to raise concerns. Where consultation is rushed, unclear, or missing, advice can help identify whether your rights have been breached and what steps can be taken.
Outcomes in TUPE and restructuring cases
Outcomes depend on the situation and how the process is handled. This may include confirmation that TUPE protections apply, preservation of existing terms, compensation for failures to consult, or resolution through agreement. Our role is to help you understand what outcomes are realistic and to pursue a proportionate and effective resolution.
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Clear, confidential advice on TUPE and reconstructing. Speak to an experienced solicitor to understand your options and next steps.
TUPE and restructuring FAQs
Can my employer change my terms after a TUPE transfer?
In most cases, terms and conditions cannot be changed simply because of a TUPE transfer. Changes may only be permitted in limited circumstances and usually require a valid reason and proper agreement. Legal advice helps assess whether proposed changes are lawful.
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.
Where we also assist clients
While our TUPE and restructuring solicitors are based in Cheltenham, we also advise clients from Tewkesbury, Gloucester, and across England and Wales, with support provided in person or remotely where appropriate.
Speak to TUPE and restructuring solicitors in Cheltenham
If you are affected by a TUPE transfer or workplace restructuring and need clear advice on your rights, our solicitors are here to help. We provide practical guidance focused on protecting your position and helping you navigate change with confidence. To speak to one of our employment solicitors, call 0330 900 0377 or contact us online to arrange a consultation.
How to Find Us
Calderwood House
Montpellier Parade
Cheltenham
GL50 1UA
If you need directions or have any questions before visiting, feel free to call us.