We provided detailed advice on TUPE to Draexlmaier, a large German based company operating in the automotive industry, in relation to its takeover of certain production lines to be based at a Jaguar Landrover site.
The issues raised were complex, as it was maintained by our client that legally TUPE did not apply but an indemnity backed arrangement was agreed between the outgoing contractor, JLR and our client to assist in the transfer of staff and expertise; the establishment of the new production line and to minimise redunancy costs for both tier one suppliers.
The driver behind the agreement was pressure from Jaguar Landrover with an imperative to maintain production. The employees transferred to our client on a phased basis over a one year period as the production by Draexlmaier was being increased and production by its predecessor was being wound down which resulted in the need to resolve a number of both legal and practical issues.
We also advised on a number of other related issues, including the immigration aspects connected with the transfer of posted workers from Romania, advice on the transfer, and use of agency staff, in the context both of the Agency Workers Regulations 2010 and TUPE.