Any downsizing after purchase must follow the formal dismissal procedure. You should follow all policies and procedures that are in place. The first step is to “expose the staff concerned to the risk of dismissal”, while you consult with them or staff representatives on ways to avoid dismissals. Remember that if more than 20 employees (even if this number is made up of employees employed in different sites) are “at risk”, you must organize collective consultations with elected staff members, which must then be followed by an individual consultation. It is generally accepted that the tupe rules do not apply to the transfer of shares. This is due to the fact that the identity of the employer does not change after a sale of shares. All rights, obligations and liabilities related to workers` employment contracts are retained by their employer after the purchase of shares. Any buyer who does not comply with the provisions of TUPE will likely face significant costs or will not be able to make the personnel changes they want. Q: So workers don`t have TUPE rights if the new TUPE rules are in force now or if the new TUPE rules are in force? While employee claims related to DEPE transfers resulting from share purchases in this way are currently rare, it is likely that they will become more frequent when labor rights advocates realize that there are possible reasons to claim. In this context, buyers can take measures to protect themselves, including by: when a company acquires the business and assets of another business, it normally complies with the transfer of a business in accordance with the Protection of Employment Regulations 2006 (as amended). Such a transfer confers considerable rights on the employees of the acquired enterprise.
It is common knowledge that TUPE does not apply when the target company`s shares are purchased and not its activities and assets. However, it is not often considered that the integration of purchasing and destination companies can be reduced to a TUPE transfer. Although there are several different circumstances in which TUPE is triggered, the best way to apply for the purposes of acquiring assets is, first, to transfer a business or part of the business and, second, to retain its identity. . . .