TUPE

Innovations in service delivery, shared working arrangements, PPP/PFI and outsourcing frequently involve staff transfers under TUPE and the Acquired Rights Directive.

Our specialist employment team has particular expertise in advising public, private and third sector organisations on the TUPE and pensions issues which arise from such arrangements.

Our employment team understands how quickly the deceptively simple principle behind TUPE – the automatic transfer of contracts of employment – can spiral into complexity when it comes applying it in the real world.

We acknowledge how difficult it can be at times to reconcile the strict requirements of TUPE so as to arrive at a common-sense outcome. Our approach is solution-based and pragmatic and we work with the wider project team to draw up straightforward documentation with which clients feel comfortable.

We also provide general advice on the TUPE process and on compliance with pension requirements and have specialist knowledge of the LGPS and central government pension schemes.

It is important not to overlook possible effects on our client’s organisation after a transfer: where staff have moved elsewhere there may be consequences for remaining staff; where new staff are joining successful integration is essential.

Recent work

  • Advising three District Councils regarding TUPE and pension aspects of the outsourcing of a shared service including a bespoke admission agreement for the pension fund;
  • Advising a London Borough where a school wished to withdraw from a meals service;
  • Advising a commercial body providing public sector services on the in-sourcing of a service devolved from central government, in particular pensions transfer, identification of management staff in scope to transfer, assimilation to other roles;
  • Advising various local authorities joining or setting up shared services arrangements;

 

What others say

"Sharpe Pritchard offers outstanding advice and is committed to ensuring a robust and commercially sound contract is implemented" Chambers UK, 2015.

"They're very thorough, consistent and clear, and they have fast turnaround times. We've been absolutely delighted" Client.

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Updates

21 March 2017

Sharpe Focus 18 – news, projects and legal updates
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14 March 2017

Sharpe Pritchard wins Tier 1 place on Central Government Panel as part of innovative PwC consortium
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18 April 2016

Sharpe Focus 16, news, projects and legal updates
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