Outsourcing and TUPE can raise complex legal issues for employers. Our team of recognised experts have second to none experience of the increasingly complex commercial scenarios that arise – including where multiple incoming contractors are involved. Our market-leading knowledge means we can review the proposed structure and identify and head off potential issues at the outset, saving time and costs later down the line.

We can provide pragmatic and effective advice on the full range of scenarios where TUPE might apply including in corporate acquisitions, outsourcing and insourcing arrangements and other projects. This includes advice on structuring the employment aspects of transactions, commercial negotiations and information and consultation processes in both private and public sector transactions.

We also support transactions with an international reach. We can co-ordinate with our network of leading independent law firms around the world (our preferred firms) to provide the most effective advice on international projects.

Our experience in the field is recognised by a number of leading employment and HR publishers including XpertHR and Practical Law for whom we provide editorial content on a range of TUPE issues.

You can also listen to Adrian Martin talking about TUPE on a podcast recording.

Areas of focus

We have expertise in delivering advice in the following areas:

  • Structuring issues, such as determining whether TUPE applies.
  • Contract negotiation and advice on TUPE warranties and indemnities.
  • Advice on the additional complexities involved where there are multiple contractors.
  • Employee representative and trade union consultation.
  • International TUPE/ARD advice from a network of international employment lawyers.

Advising on the TUPE/employment aspects of a government contract of a 25 year £6 billion procurement including multiple TUPE transfers.

Advising a government department on the TUPE aspects of children’s services restructuring projects for a number of councils in the UK.

Advising a financial services client on the employment aspects of the sale of its entire issued share capital to Lloyds Banking Group and a hive-out of part of its business, including advising on complex transitional and TUPE arrangements.

Advising a government organisation on the employment aspects of the renationalisation of a rail service, including the TUPE transfer of around 3,000 employees and the amendment and re-negotiation of agreements to reflect the new structure.

Advising an engineering support services business on the transfer of around 900 employees to multiple incoming contractors.

Advising global insurance company on the employment and TUPE aspects of the sale of its UK travel insurance business.

Advising a financial services business on a major outsourcing programme and the TUPE and other HR-related issues arising from the programme.

Advising a leading energy business on a collective union-backed TUPE dispute.

Meet the team
Headshot of Adrian Martin

Adrian Martin Partner

  • Head of Employment
  • TUPE: Business Transfers and Outsourcing
  • Restructuring and Redundancy
Headshot of Chris Seaton

Chris Seaton Senior Partner

  • Senior Partner
  • Employment
  • Partnerships
Luke Bowery

Luke Bowery Partner

  • Employment
  • Restructuring and Redundancy
  • Equality, Diversity and Discrimination
Headshot of Katie Russell

Katie Russell Partner

  • Employment
  • Financial Services
  • Sport

What others say...

They are an extremely personable team. They enable us to feel secure.
Legal 500 2024

Key contact

Headshot of Adrian Martin

Adrian Martin Partner

  • Head of Employment
  • TUPE: Business Transfers and Outsourcing
  • Restructuring and Redundancy
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