Whether you are selling your business, acquiring a company, or outsourcing a service, it’s vital to understand how employment law affects your plans. At DTM Legal, our Employment & HR team provides clear, commercial advice on the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), helping employers manage change with confidence and compliance.
Supporting Employers Through TUPE and Business Change
TUPE is designed to protect employees when the business or service they work for changes hands. It ensures that existing employment rights and terms are preserved, and that employers meet their obligations to inform and consult affected staff.
Failure to comply with TUPE can result in costly claims and disruption. DTM Legal helps employers negotiate this key area of law, ensuring a smooth and legally sound transition for both the business and its people.
Key Considerations for Employers
When undertaking a business transfer, sale, acquisition or service provision change, it’s essential to assess whether TUPE applies — and what your obligations are. Key considerations include:
- Does TUPE Apply?: Is the transfer a business sale, merger, or outsourcing arrangement covered by the regulations?
- Employee Liability Information: Are you meeting your duty to provide or request accurate employee details within statutory deadlines?
- Informing and Consulting Employees: Are you engaging appropriately with affected staff or their representatives?
- Contractual Terms and Protections: How are transferring employees’ terms and conditions impacted?
- Harmonisation and Redundancy Risks: Are you aware of the limits on changing terms post-transfer?
- Due Diligence and Commercial Risk: Have you factored in employment liabilities into your commercial strategy?
Our TUPE and Business Change Services
We work closely with employers, HR teams, and business owners to deliver practical advice and hands-on support throughout the transfer process. Our services include:
- Advising on TUPE applicability and legal risks
- Drafting and reviewing employee liability information disclosures
- Supporting consultation processes and employee communications
- Reviewing and amending contracts and policies post-transfer
- Managing redundancies or restructuring in a TUPE context
- Advising on indemnities and warranties in commercial agreements
- Working alongside corporate and commercial teams to align employment and transaction objectives
Why Instruct DTM Legal?
With DTM Legal, you benefit from a collaborative approach that bridges employment law and commercial priorities. We help employers reduce legal exposure, manage employee relations, and complete transactions efficiently and compliantly.
Our Employment & HR team has extensive experience advising on TUPE and related employment matters across a wide range of sectors from professional services and manufacturing to education, healthcare, and the tech sector.
Get in Touch
To speak to a member of our Employment & HR team about business transfers, acquisitions, sales, or TUPE advice or any of our employment law services for employers, call us on 01244 354800 / 0151 321 0000 or email employment@dtmlegal.com. We’re here to support you through every stage of change.
