Employment Due Diligence

We can support the full range of employment-related transactional work and we often help businesses understand the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), comply with it where it applies, identify transactions where it won’t, and prepare for the employment aspects of acquisitions and sales.

Why use us?

  • We can help to minimise workplace problems by identifying employment risks and equipping clients with a sound strategy for managing them.
  • We’ve advised on many transitions, and we understand the vital steps that acquiring and selling employers need to take.
  • We help ensure that the transaction accounts for employment liabilities, reduce future employment litigation risks and create a workforce structure that sets up the new business for success.
  • We work with buyers and sellers in mergers, acquisitions, joint venture formations and other strategic transactions.

We can help you

  • to identify employment-related risks through an employment due diligence exercise
  • to draft employment provisions in transactional documents, including employment warranties and indemnities in SPAs (sale purchase agreements)
  • to understand how TUPE affects business transfers, outsourcing and bringing services back ‘in-house’
  • to meet the requirements for information and consultation and understand how TUPE affects employment contracts and related liabilities
  • to manage pre- and post-completion dismissals, such as redundancies
  • to harmonise terms and conditions of employment after completion
  • to organise an employment ‘data room’, where appropriate, and respond to employment-related due diligence enquiries.

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