Employment Advice on Insolvency and TUPE

The Insolvency, Business Recovery and Restructuring team in conjunction with the Employment team provide specialist advice to Insolvency Practitioners, companies going through financial difficulties and companies acquiring insolvent businesses.

Our recent experience includes advice to a company acquiring an insolvent business sold with a view to liquidation and affecting over 2,000 employees.

Our experts can guide you through the insolvency process and provide advice and assistance on any aspect of insolvency including:

1. The employee aspects of sale and purchase agreements; 
2. Adoption of employee contracts; 
3. Whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply and, therefore who, if anyone, will be liable for the employees; 
4. How to take advantage of the exceptions under TUPE regarding payment of debts owed by the insolvent business to their employees and regarding changes of terms and conditions of employment;
5. How to change employees'  terms and conditions of employment;
6. How to comply with obligations to consult with employees and their representatives;
7. Handling redundancies and re-organisations pre and post acquisition of an insolvent business;
8. Defending claims by existing and ex-employees.

Our experts would be happy to advise you and guide you through what can often be a very difficult process.   Please contact Georgina Kyriacou on 020 7354 3000 or email georgina.kyriacou@colmancoyle.com for more information and advice.