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Company acquisition involving TUPE

Posted in Organisational Change

What was the goal:
To assist the client to integrate a new service into its portfolio by way of a new company acquisition. This was to be achieved within a fixed timeline due to commercial deadlines.
What was the context:
The company was not experienced in the new type of business and had not previously undertaken an acquisition of this nature before.
What were the options:
We considered delaying the additional resourcing but this would have had commercial implications and so by working through the various aspects of the preferred route we reached agreement with the client and they accepted the proposed solutions.
What did we do:
  • We reviewed the commercial objectives and implications of the acquisition from an HR perspective
  • We advised on whether we saw this as a TUPE transfer or not and explained the client’s responsibilities, as well as the commercial implications of not following the statutory process
  • We determined that some ETO (Economic, Technical or Organisational) changes would be required, and having assessed the risks, we agreed a course of action that would comply with legislation
  • We scoped the timeline for consultation, prepared all correspondence, created scripts and the presentation material to be used in the consultation
  • We worked with the Vendor’s representatives to ensure an effective consultation process for their employees
  • We ‘resourced up’ alongside the TUPE transfer for new roles in the organisation and coordinated communications and developed fair selection processes, managing the employment situations of all staff involved
What was the outcome:
After a period of 2 months, with support on site, by phone and with individual consultation meetings and interviews, the client successfully completed the acquisition with no grievances, employee disputes or financial exposure.
What did the client say:
They were pleased to be guided through the process and had not realised that consultation legislation was so complicated. They appreciated having had advice on hand whenever it was needed and they remain an on-going client.