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Outsourcing, M&A and TUPE

Our recognised experts advise on TUPE, business transfers and outsourcings, and the employment aspects of corporate and commercial transactions, to ensure they are managed effectively and in line with commercial objectives.

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Overview Services Our team Our work What others say Insights

Our outsourcing, M&A and TUPE team delivers pragmatic and effective advice on the employment aspects of corporate transactions, outsourcing and insourcing arrangements and other projects.

This includes advice on commercial negotiations and information and consultation processes in both private and public sector transactions.

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

Our M&A experts have extensive experience of advising on the employment impacts of mergers and acquisitions.

We also have extensive experience in supporting transactions with an international reach, coordinating with our network of leading independent law firms around the world to deliver effective cross-border advice.

Our TUPE expertise is recognised by leading HR and legal publishers, including Brightmine and Practical Law, for whom we provide editorial content on a range of TUPE issues.

We provide strategic advice on the employment aspects of projects and transactions, including corporate acquisitions, outsourcing and insourcing arrangements and other projects. 

Services

Structuring issues

Expert advice on the proposed structure of a transaction, including determining whether TUPE applies.

Contract negotiation

Drafting and negotiating commercial terms relating to TUPE, including warranties and indemnities.

Information and consultation

Guidance on obligations to inform and consult with employee and trade union representatives.

Cross-border advice

Liaising with our network of leading independent law firms for advice on international TUPE/ARD issues.

Mergers and acquisitions

Transaction support on the employment aspects of projects from start to finish – from due diligence through to completion.

Our team

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Examples of our work

Government contract

Advised on the TUPE/employment aspects of a 25-year £6 billion procurement including multiple TUPE transfers.

Central government and several local authorities

Advised on the TUPE aspects of children’s services restructuring projects for several UK councils.

Financial services client

Advised on the employment aspects of the sale of its entire issued share capital and a hive-out of part of its business, including complex transitional and TUPE arrangements.

Government organisation

Advised 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.

Engineering support services business

Advised on the transfer of around 900 employees to multiple incoming contractors.

Global insurance company

Advised on the employment and TUPE aspects of the sale of its UK travel insurance business.

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What others say

“Very good team with significant expertise in TUPE matters and other technically complex litigation.”

Legal 500 UK 2022

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Insights

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