Cross Border TUPE Transfer: Employment Law Support for Startups and Scaleups - Here’s how we helped a company with a cross-border TUPE transfer

Cross Border TUPE Transfer: Employment Law Support for Startups and Scaleups - Here’s how we helped a company with a cross-border TUPE transfer

When you are scaling fast, restructuring internationally, or simplifying your group structure, employment law can become a board level priority very quickly.

In this case, we supported a multinational group with a cross border intra group TUPE transfer, helping them close a UK entity while retaining their UK based employees by transferring them to another European group company.

For founders, CEOs,  General Counsel and HR managing growth stage businesses, this is exactly where strategic employment law advice becomes essential.

The Client Background

Our client, a fast-growing international business, made the strategic decision to close its UK entity as part of a wider restructuring. However, they wanted to retain their UK team and maintain operational continuity.

The solution was a cross-border TUPE transfer to another European entity within the group.

For many startups and scaleups, especially those expanding internationally post Seed or Series A, this kind of restructure is increasingly common. But it needs careful handling to remain compliant with UK employment law.

Why Cross Border TUPE Transfers Are Legally Complex

Under TUPE, when a business or part of a business transfers to a new employer, employees automatically transfer with their existing employment terms and protections.

TUPE can be challenging to navigate even in standard transfers. But when the new employer is overseas, the complexity increases significantly, so specialist employment law advice  becomes critical.

In this case, some of the key challenges included:

• Ensuring UK statutory and contractual employment rights could continue to be honoured by an overseas employing entity.

• Managing a compliant TUPE consultation process where key decision makers were based in another country.

• Addressing wider compliance issues, including UK tax, payroll, immigration, data protection and insurance.

• Ensuring the overseas entity could practically operate all UK employment obligations and benefits.

This was not just a TUPE exercise. It was a broader employment compliance and risk management project for a scaling business.

Founders Law’s Approach: Strategic Employment Advice for Scaling Companies

As a boutique law firm for startups and scaleups, we understand that employment law needs to work commercially, not just technically.

Our team took a proactive and structured approach.

Identifying key measures

We worked closely with senior leadership to assess whether any proposed changes amounted to “measures” under TUPE. We then advised on how to manage consultation in a way that reduced legal risk while protecting employee trust.

For the client, this meant clarity on risk exposure and a practical action plan.

Structuring and guiding the consultation process

We structured and oversaw a fully compliant TUPE consultation process, advising on procedure, timeframes and communication strategy.

Getting this wrong can lead to employee claims and reputational risk. Getting it right  reduces risks and maintains good employee relations.

Drafting clear employee communications

Clear communication is central to a compliant and effective transfer. We prepared all employee correspondence to ensure transparency, legal accuracy and positive messaging.

This is particularly important for startups and scaleups, where culture and retention are critical to valuation and growth.

Collaborating with internal HR

We worked closely with the client’s in-house HR team to ensure managers and employees clearly understood the impact of the transfer and their legal rights.

By aligning legal guidance with internal communications, we helped deliver a consistent, transparent message across the group.

Ongoing post transfer employment support

Our role did not end on transfer day. We continued providing employment law support to ensure the overseas entity remained compliant with UK employment obligations.

For businesses without a large in house HR or specialist legal team, having an external employment law partner for scaling companies makes a significant difference.

The Result

The cross-border TUPE transfer was successfully completed within the required timescales.

All affected employees transferred seamlessly to the European entity with their terms and protections preserved. The consultation process was smooth, transparent and legally robust.

The business achieved its restructuring objectives without disruption and without employment claims.

Exactly what strategic employment law advice should deliver.

Key Takeaways for Founders, CEOs and GCs

Seek employment law advice early
Whether you are restructuring, scaling internationally or managing rapid team growth, early legal input reduces risk and creates better commercial outcomes.

Start consultation in good time
For startups and scaleups, employee trust is an asset. Early engagement builds confidence and reduces uncertainty.

Treat employment law as strategy, not admin
For high growth companies, employment compliance is not just a box to tick. It is part of governance, investor readiness and long-term scalability.

Looking for Employment Law Support for Your Startup or Scaleup?

If you are a founder, CEO, General Counsel, HR or senior stakeholder navigating a TUPE transfer, international restructure or broader employment compliance challenges, our team can help.

We act as a trusted employment law partner to startups and scaleups from Seed through Series A and beyond, combining technical expertise with commercial clarity.

If you are scaling, restructuring or simply want to sense check your approach, we would be happy to talk. You can contact us here.

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