HR Project Support Case Study

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Client sector: Energy
Number of employees: 20
Location: Newport, South Wales

Issue to be resolved:

My client was in the process of selling part of the company and wanted advice on how to manage the TUPE process.

TUPE is the Transfer of Undertakings of Protected Employment legislation. It comes into force to protect employees during mergers, acquisitions and when a service provider changes, e.g. if a catering provider changes. It means that employees don’t need to fear losing their jobs or accrued benefits when ownership of a business or holder of a contract changes.

 TUPE is surrounded by many legal and regulatory requirements protecting employees, which can often make it a very complicated and drawn out process. In this case I ensured everything was put in place to protect the employees and make the transfer procedure as easy as possible for the companies involved.

Issue to be resolved:

  • Clarify the TUPE process to the client and outline any potential challenges that could be faced along the way.
  • Provide a basic timetable outlining: – All necessary actions, Deadlines for each action, Communications required to support those actions.
  • Provide templates of all necessary documentation.

Because the client was confident in the process, they were able to focus on supporting their employees through this period of change.

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Managing the process

Once all the basics were in place, I worked closely with the client to make sure everything was done in line with best practice.

1. Consultations with employees

Employees were informed throughout the process, so they understood the changes that were happening and felt supported.

Formal consultations with employees (a TUPE requirement) were held in groups and one-to-ones. Employees were made fully aware:

  • Of any changes that may result from the transfer
  • Of timelines involved
  • That they could ask questions or raise concerns
  • That they could pull out and not transfer to the new company

2. Liaison with the new company

I liaised frequently with the company taking over my client to make sure there were no unnecessary delays and they had everything they needed by the stipulated timescales.

All the correct employee and due diligence information needed to complete the transfer process was provided including:

  • Employee contact details
  • Employment contract details
  • Payment details
  • Length of service records
  • Employee benefits
  • Any other associated terms and conditions.

What happened

I worked with the client for five months during the transfer process.

The TUPE process was followed and all employees felt supported. There were no complaints about lack of information or about any part of the process.

Happily, my client maintained a positive relationship with the incoming business which is often difficult to maintain during a TUPE process.

The client was so satisfied with the way I managed this process and how I worked that they referred me to other parts of the business still owned by the original company.

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