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The Advisory, Conciliation and Arbitration Service (ACAS) has released guidance aimed at assisting employers deal with business transfers. It is hoped the guidance with help its readers better understand the Transfer of Undertakings Regulations (TUPE), which protect employees' rights when a business or undertaking is transferred or taken over.
Helpfully ACAS listed their 'top tips' for managing TUPE transfers, which include: consulting thoroughly; engaging with trade unions; ensuring contract information is up-to-date; establishing an employee forum; creating a transfer management team; and seeking advice from ACAS and legal professionals.
Commenting on the guidelines, ACAS Chief Executive, Anne Sharp, said:
"TUPE is often seen as complicated but employers need to get to grips with the detail if they decide to buy a business or take on work being carried out by others. If things go wrong the fall out can damage individuals and organisations. Our new guidance provides a clear overview of the requirements and helps people understand in straightforward and practical terms what they need to do.
TUPE can affect all businesses and organisations, whatever their size or sector. One of our key messages is that you should involve employees early to minimise concerns and potential problems further down the track."
ACAS' TUPE guidelines can be viewed at http://www.acas.org.uk/index.aspx?articleid=4835
TUPE impacts upon employers and employees alike. If you would like help understanding any aspect of TUPE law, such as how it will affect you, please contact our Edinburgh based solicitors by completing our online enquiry form or by calling 0131 208 3459.