TUPE and corporate restructuring

Overview

Restructuring can take many forms, from hive-downs and internal reorganisations to outsourcing and off-shoring. Those processes will naturally involve difficult decision-making, often in a sensitive and sometimes acrimonious working environment. Many restructures will involve grappling with the complex and ever-changing case law on the TUPE regulations and may involve redundancy issues.

Our employment specialists are experienced in advising on large-scale corporate transactions and restructures necessitating consultation with the whole or part of the workforce, and the TUPE implications of complex multinational outsourcing arrangements. With our practical and commercial guidance the process is managed efficiently and cost effectively from start to finish, from initial advice as to whether or not a TUPE situation exists to implementation and the conclusion of the process.

Services

Our TUPE and corporate restructuring services include:

  • advising on structuring a transaction to achieve the desired result cost-effectively and with minimal disruption to the workforce;
  • assisting with redundancy consultations and processes;
  • drafting and negotiating TUPE and outsourcing documentation to protect your key business interests;
  • preparing step-by-step process guides to the implementation of redundancies, restructures and TUPE transfers;
  • drafting consultation scripts and related correspondence with employees; and
  • advising on potential risks including exposure to employee claims in redundancy and TUPE situations and how to minimise such risks while implementing a commercially focused and practicable process.

Recognition

  • "Clients say: 'they have a really high-level and skilled team. They adopt a problem-solving approach to serious problems'."

    Chambers UK 2014

  • "This team receives plaudits from market sources for its pragmatic, efficient and effective approach."

    Chambers UK 2013

  • "Macfarlanes LLP is appreciated for its ‘first-class input into decision-making’."

    The UK Legal 500 2012

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