I’ve been supporting a client who is facing a TUPE situation as a result of changing the legal structure of her childcare business from a sole trader to a limited company. She was hoping to introduce a couple of clauses into staff contracts to allow for greater flexibility in the future and was disappointed when I indicated that these clauses would be viewed as changes to terms and conditions and so not permitted under TUPE. This situation reminded me of the importance of reviewing contracts of employment regularly and not just at times when a major change is taking place. It would probably have been quite straightforward for her to negotiate the desired changes if she had done so 6 months ago, before any plans to transfer staff has been made. Once TUPE applies employers face significant restrictions. If you need help reviewing staff contracts give me a shout.
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