Outsourcing and TUPE

We regularly help clients work though challenges in outsourcing, public procurement, business sales and acquisitions, and insolvency situations.

We act for a wide range of employers from listed corporates to SMEs and public bodies. We have particular expertise in the retail, leisure, financial services, facilities management, logistics and social housing and care sectors.

We can advise on whether TUPE applies and how to minimise risks on transfer. We provide specialist advice on pension matters, including due diligence exercises and deeds of adherence.

Some of the TUPE issues we advise on are customer pressure dismissals, the transfer of public sector terms, the continuing applicability of trade union recognition and negotiated terms and dealing with problematic transferred benefits. Post transfer, we help our clients to tackle reorganisations and redundancies.

We know the frustration of feeling like the law is a barrier and we help find workable solutions that reflect the commercial environment that our clients operate in.

We do this by working in partnership with our clients, their customers and their suppliers to find practical solutions to any legal problem. We break down the complex issues into language that everyone involved in the matter can understand and work with.

Experience

• Advised on the staff transfer considerations arising on the termination of a police services agreement relating to protection arrangements at prestigious national property, including the pensions and employee tax considerations.
• Advising an international oil and gas company on all employment and TUPE aspects of downsizing Scottish operations and transferring knowledge, skills and expertise to Norway.
• Advised a car finance lender on a complex issue relating to a change of service provider. This involved detailed negotiations of indemnities and warranties with two high profile insurance companies and detailed advice relating to the Transfer of Undertakings (Protection of Employment) Regulations 2006.