Employment Aspects of M&A

We work closely alongside with our corporate colleagues to ensure that the specialist employment aspects of M&A transactions are handled efficiently and effectively.

We regularly undertake due diligence to ensure that our clients are made aware of all the commercial and legal risks when contemplating a transaction involving employees and workplace issues.  We are also experienced at negotiating warranties and indemnities to obtain maximum protection for our clients in the context of a corporate transaction.

We are experienced in advising on the employment implications of commercial agreements including the implications of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).  We can assist with all aspects of TUPE matters including consultation matters, election of representatives, advising on changes to terms and conditions of employment and potentially transfer-related dismissals.  We also regularly advise in relation to outsourcing matters.

We also support other law firms and professional advisers, often non-UK based, who lack in-house expertise themselves in relation to complex UK employment law matters.

Representative Employment Aspects of M&A Work

Examples of our employment team’s employment related M&A work include:

  • Advised numerous clients ranging from individuals to large corporate sellers on the employment aspects of M&A deals including in relation to due diligence, warranties in sale and purchase agreements, the disclosure process and the terms of new service agreements.
  • Advised clients on the employment implications of commercial agreements including the implications of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
  • Advised clients on the employment implications of TUPE including in relation to the transfer of employees to business purchasers.
  • Advised business purchasers on pre-transaction and post-transaction redundancies in respect of target companies and businesses.

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