Transactional Support and TUPE (Employment)

Transactional Support and TUPE

The UK left the EU on 31 January 2020. A transition period, during which EU laws continue to apply in the UK, is due to end on 31 December 2020. The UK/EU Withdrawal Agreement sets out transitional arrangements and negotiations for the future UK/EU relationship are ongoing.

We advise on the employment aspects of all kinds of deals and transactions, from complex, global, multi-jurisdictional deals to small, domestic M&A transactions or commercial property deals.

We take care of all the employment-related transactional work, including due diligence, drafting and advising on employment provisions, calculating employment-related liabilities, and advising on benefits, incentives and bonus arrangements, including for senior executive teams.  We also work with businesses so that they can successfully navigate the post-transactional period, including standardising employment contracts and managing restructures, redundancies and other dismissals.

We are flexible too. Our track record of advising on multi-jurisdictional transactions and disputes, includes being part of a wider team and providing specialist UK advice, or project managing an entire multi-jurisdictional team.

We are especially well-versed on the impact of TUPE, acting as strategic advisers to employers, in particular on potential liability and the complexities of TUPE when taking a business out of administration.  We ensure clients know their obligations in the period leading up to the transfer. We guide them through the process of electing and consulting representatives. We negotiate appropriate warranties and indemnities to protect them from any unexpected liability, and we manage risk.

We also act for employees or groups of employees who have been the victims of employers failing to comply with the relevant TUPE obligations.

Whichever side of the transaction we are on, our aim is always to find commercial and pragmatic solutions that make sure our clients achieve both their short and longer-term aims.

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