A change of structure for Burroughs Day - practising what we preach

May 01, 2017

On 1 May 2017, we left the QualitySolicitors network and launched our new Burroughs Day brand.  It’s an exciting time for us and all our clients. Please be assured that you will receive the same high standard of service, with no break in continuity.

In fact we’ve always been independent throughout our 180-year history. So it makes sense for our brand to get back to our roots and reflect what we do best – providing accessible and affordable legal services to SMEs.

As part of this rebrand, we have modernised our legal structure, by moving from a traditional partnership to a limited liability partnership (LLP).

All businesses, charities and social enterprises have a choice of legal structures to adopt. These bring various benefits and limitations.  Our specialists are always happy to help you choose and manage the most appropriate structure for your business needs.

In a practical sense, nothing tangible has changed due to our restructure. Our Employment law team sit at the same desks and have the same direct dials and email addresses. They do the same top quality work and have many longstanding clients.

However, all employees have transferred under TUPE and are now employed by the new structure.  Being on the receiving end of information and consultation was a somewhat unusual experience for the Employment law team, who tend to be the ones giving the advice on how to undertake a TUPE transfer. Now they have personal experience of a TUPE transfer in practice!

What is TUPE?

TUPE stands for the Transfer of Undertaking (Protection of Employment) Regulations 2006, including 2014 amendments. This is the law and process by which  staff contracts of employment are automatically transferred to a new employer on a relevant business transfer or sale. 

These transfers generally arise when a business or part of a business is bought or sold, or a particular service is out-sourced, brought in-house or put to tender.  TUPE can also apply to an otherwise simple reorganisation or change of legal structure as it has to us.

TUPE is designed to protect the continuity and terms of an employee’s employment.  It prevents businesses from dismissing or changing the terms of a transferring staff member’s employment except in very specific circumstances.  It also provides for the staff members to be properly informed and consulted regarding the transfer and any potential changes to their employment.  Failure to comply with employer duties under TUPE can result in significant cost and disruption to business.

Our  “TUPE’d” staff are happy to report that the process was quite painless. (You can’t see this, but they are smiling.)  If you are contemplating restructuring, buying or selling a business and want your TUPE experience to also be painless, please contact our expert employment law team today.

Julia Beasley, Head of Employment law - julia.beasley@burroughsday.com


See our previous Employment law bulletins here.

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