Posted by Malcolm Gregory, Partner
Recently, one of our clients sought advice in connection with the transfer of a number of workers into their company under the TUPE Regulations as a result of a strategic merger with an industry competitor.
Prior to the acquisition our Employment Team was involved in advising the company on the staff information and consultation process, and we worked closely with Richard Baxter in our Corporate Team who was handling the acquisition.
With our help the transfer took place within a tight timescale. The workforce was unionised and we worked collaboratively with our client to ensure a straightforward transfer with minimal impact on productivity and no loss of experienced and trained staff.
Mark Emery comments: “it is important to be proactive during such a process. Employees are understandably concerned about the impact of a transfer, and by supplying detailed information tailored to our client’s business needs we were able to address the concerns of staff, on our client’s terms, without the need for a lengthy consultation process and without loss of productivity. Our client retained its key staff and we were able to advise thereafter on a restructuring which minimised the risk of employment tribunal claims against the company. Seeking advice early may seem like an unnecessary expense, but it is often the key to avoiding a much greater liability further down the line in defending Employment Tribunal claims.”
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