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TUPE – a case study

Trowers & Hamlins LLP


The Trowers & Hamlins TUPE team invite you to a case study. We'll discuss a transfer to which TUPE applies a Q&A format to look at the following:

  • What happens when you take on staff under TUPE? We’ll look at your legal obligations and consider how you can influence which staff will transfer.
  • What liabilities does the new employer inherit and how should you assess these?  We'll consider how best to assess liabilities when buying an insolvent business; we’ll also look at consultation obligations as a failure to carry this out effectively can lead to an award of up to 13 weeks' pay per affected employee.
  • How do you change things? We’ll look at restructuring, dismissing staff and changing terms and conditions. This part of the case study will look at the opportunities to change pension arrangements and make savings while minimising risk to the business.

You'll take away our top tips and benefit from our practical approach to TUPE and our can-do attitude.



Emma Burrows
Emma is head of the Trowers & Hamlins' employment and pensions department, which she founded. Emma has specialised in employment law for over 30 years and advises mainly on sensitive issues, restructures and TUPE, managing senior staff exits, board disputes and governance issues.

Emma has advised on over 500 TUPE transfers and contributed to five textbooks in her career on TUPE. She is recognised in Chambers and Legal 500 as a TUPE expert. She also writes and speaks extensively on other topics. Chambers 2019 says: "She's an excellent practitioner who is pragmatic in terms of looking for solutions that work for the client."

Emma leads on the firm's TUPE business development including the ‘TUPE or not TUPE’ LinkedIn forum and our regular TUPE breakfast briefings.


Nicola Ihnatowicz
Nicola is a partner in the Trowers & Hamlins’ employment and pensions department.  She has been advising on TUPE for 15 years across public, private and third sectors. Nicola is recognised as an expert on TUPE in Chambers & Partners 2019 and the Legal 500 2019. She frequently advises on TUPE claims at the Employment Tribunal, TUPE arising out of insolvency and making changes to staff affected by a transfer and their terms and conditions. She regularly speaks and writes about TUPE and coordinates the firm's popular series of TUPE breakfast briefings.


Rebecca McGuirk
Rebecca has specialised in employment law for over 20 years. Rebecca has particular experience in advising on TUPE; large scale restructures; changing terms and conditions of employment; dealing with unions; equal pay; and senior executive departures;

Rebecca is acknowledged as a legal expert in Legal 500 and Chambers & Partners, with one source commenting: "she understands where we want to get to and she supports us in getting there – she has a really sensible view."


John Turnbull
John is well versed in all areas of employment law, and frequently advises businesses on restructuring, collective issues and TUPE, including matters arising out of business transfers and outsourcing.

John provides tactical advice on TUPE, placing his clients in the strongest possible negotiating position to align with their commercial aims, including Eli advice, negotiating warranties and indemnities and considering risk and potential liability so clients can make informed decisions.

He also advises on the employment and TUPE aspects of corporate insolvency and the nuances relating to different times of administration.


Martin McFall
Martin McFall is a partner in Trowers & Hamlins' pensions team, which he joined in 2008. Martin specialises in pensions law and advises on all aspects of pensions law, including standalone scheme advisory issues and the pensions aspects of corporate transactions and outsourcing. He is nationally recognised for his track record in local and central government transformations and regularly advises on pension protection measures following TUPE transfers.

Legal 500 says: “Martin McFall is always concerned with finding a pragmatic and practicable solution to any issue”.


Rebecca McKay
Rebecca has over 15 years' experience in the pensions sector and advises on all aspects of pensions law including general advisory, corporate acquisitions, scheme closures and buy-outs, restructurings, governance and dispute resolution.  This includes regular advice on TUPE with a focus on mitigating and managing "Beckmann" risk and effective staff communication. Rebecca's client base is broad and her experience extends across all pension scheme types from large occupational pension schemes to small contract based personal arrangements.

Rebecca specialises in investment and has significant experience of drafting and negotiating investment management agreements and other investment related documentation including ISDAs and custody agreements. Rebecca sits on the APL Investment Sub-Committee.


Emma Burrows
Martin McFall
Nicola Ihnatowicz
Rebecca McGuirk
Rebecca McKay
John Turnbull


25 February 2020
16:00 - 16:55 UTC
55 min