Do you need advice on TUPE and Outsourcing? Our specialist employment lawyers can assist you with your needs. Contact our specialist team today.
Who Do Pitmans’ TUPE & Outsourcing Lawyers Work For?
The Employment Department and Company Commercial Department act for companies on the TUPE transfer aspects of buying and selling the assets of Companies or intra-group TUPE transfers the outsourcing of services, and insourcing of services and change of service provider. Pitmans drafts warranties, indemnities and terms for the relevant contracts and also undertakes due diligence work relating to employment issues.
The Insolvency and Restructuring Department are instructed by insolvency practitioners and companies.
Outsourcing is particularly prevalent in the Technology Sector and other sectors in which the firm practices. The firm act on instructions from in house lawyers and commercial managers and others on such projects.
The Employment Department undertakes litigation for companies and senior employees in the Employment Tribunal and High Court where TUPE issues are involved and seeks to resolve such disputes by mediation or other forms of dispute resolution where possible.
Pitmans act for senior employees in relation to the implications of a TUPE transfer for restrictive covenants in their employment contract, objecting to a transfer to leave and set up their own business without giving the notice under their contracts and in relation to attempts by a new employer to change terms and conditions.
Do Pitmans’ TUPE & Outsourcing Lawyers Have Any Particular Areas of Expertise?
Mark Symons, the Head of the Employment Department, has been undertaking work in relation to TUPE since shortly after the Regulations were originally introduced in the early 1980’s. The Employment Department have expertise in relation to whether a transaction or service provision change does amount to a TUPE transfer and advising at a strategic level at an early stage.
The negotiation of terms and conditions of asset sale agreements and outsourcing agreements, advising on changing terms and conditions at the time of or after a TUPE transfer and how to do deal with redundancies either before or (or usually) after a TUPE transfer are also matters on which Pitmans are expert.
Philip Weaver of the Information Technology team is strong in the wider aspects of negotiating outsourcing contracts.
The Corporate Recovery and Insolvency Department at Pitmans is very active as well especially in connection with sales by administrators which attract the provisions of TUPE.
Pitmans also has expertise in relation to disputes both with other contracting parties on warranties and indemnities, employees or groups of employees in relation to TUPE in the Employment Tribunal and the High Court and its resolution by mediation or other methods.
Why Choose Pitmans’ TUPE & Outsourcing Lawyers?
Pitmans is a full service commercial firm able to put together teams to deal with any case quickly and efficiently. Various departments of the firm including commercial (especially Information Technology), corporate, insolvency and corporate recovery and property can call upon the specialist assistance of the Employment Department in respect of the employment aspects of their transactions.
Outsourcing is a specialist area of work in itself going beyond TUPE and Philip Weaver undertakes a substantial amount of outsourcing work.
TUPE can apply in respect of transfers or service provision changes from most parts of the EU to elsewhere and the Employment Department advise on that with assistance from colleagues in MI Interact.