M&A, Outsourcing and TUPE

Key to the success of any transaction is successful management of the people issues. The business risk on acquisitions and outsourcings can be significant, and liabilities can be amplified where large numbers of staff are involved.

We provide expert M&A and outsourcing employment support to our clients. We help our clients manage risk and find commercial solutions to transactional employment law matters. We work seamlessly with other law firms, either on an in-house or external counsel basis, providing transactional employment support.

We have particular expertise in the following areas:

• Undertaking buyer and vendor due diligence and advising on pre-sale preparatory steps, typically on cross-border acquisitions involving the U.S. and E.U.

• Providing expert opinions on the applicability of TUPE and the consequences of a transfer.

• Providing detailed ‘steps plans’, documents and scripts to ensure clients discharge their TUPE and/ or collective redundancy consultation obligations correctly on a sale or outsourcing.

• Drafting and negotiating employment provisions in sale agreements and outsourcing contracts, including market standard and bespoke warranties and indemnities and TUPE ‘entry’ and ‘exit’ clauses.

• Defending multi-party TUPE litigation in the Employment Tribunal.

• Advising on post-acquisition steps such as harmonisation of terms, collective redundancies, or senior exits/appointments.

• Advising private equity businesses or management teams on employment law issues arising as a result of corporate re-organisations or the acquisition or disposal of a business.

If you would like to discuss our services further: