TUPE in a Business Merger

Client: Selsey Medical Practice

This GP practice provides a wide range of primary care services to patients.

The Practice Manager contacted us for advice on TUPE prior to the Practice merging with a neighbouring practice. While TUPE regulations can be daunting and staff understandably concerned about their future, both employers worked closely on the project and, therefore, it was not expected to be overly-problematic.

The solution:
To advise the Practice Manager and Senior GP Partner on the implications of TUPE regulations, their legal obligations, and provide ‘arms length’ support where necessary to ensure the relevant procedures were followed.

What we did:
We met with the Practice Manager and Senior GP Partner to clarify the Practice’s responsibilities as the transferee (or receiving employer) and what they were required to do as an employer. We advised on the legal and technical aspects of the TUPE legislation and also the personal and employee relations issues that would need to be handled sensitively. For example:

• employee consultation
• integration of job roles
• changes to working practices

As part of this support we produced standard letters and documents which the Practice Manager could use at the appropriate time during the process ensuring staff were consulted and provided with relevant information confirming the transfer and how it would affect them.

Outcome:
The merger completed successfully and on time.

The time spent with Dianne talking through the TUPE process and its implications was invaluable and helped us decide how best to deal with the staff transfer; including some of the ‘trickier’ people issues that inevitably arose during and following the merger.
Nicola Collins – Practice Manager, Selsey Medical Practice