• At Kemp Little, we are known for our ability to serve the very particular needs of a large but diverse technology client base. Our hands-on industry know-how makes us a good fit with many of the world's biggest technology and digital media businesses, yet means we are equally relevant to companies with a technology bias, in sectors such as professional services, financial services, retail, travel and healthcare.
  • Kemp Little specialises in the technology and digital media sectors and provides a range of legal services that are crucial to fast-moving, innovative businesses.Our blend of sector awareness, technical excellence and responsiveness, means we are regularly ranked as a leading firm by directories such as Legal 500, Chambers and PLC Which Lawyer. Our practice areas cover a wide range of legal issues and advice.
  • Our Commercial Technology team has established itself as one of the strongest in the UK. We are ranked in Legal 500, Chambers & Partners and PLC Which Lawyer, with four of our partners recommended.
  • Our team provides practical and commercial advice founded on years of experience and technical know-how to technology and digital media companies that need to be alert to the rules and regulations of competition law.
  • Our Corporate Practice has a reputation for delivering sound legal advice, backed up with extensive industry experience and credentials, to get the best results from technology and digital media transactions.
  • In the fast-changing world of employment law our clients need practical, commercial and cost-effective advice. They get this from our team of employment law professionals.
  • Our team of leading IP advisors deliver cost-effective, strategic and commercial advice to ensure that your IP assets are protected and leveraged to add real value to your business.
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  • We have an industry-leading reputation for our outsourcing expertise. Our professionals deliver credible legal advice to providers and acquirers of IT and business process outsourcing (BPO) services.
  • We work alongside companies, many with disruptive technologies, that seek funding, as well as with the venture capital firms, institutional investors and corporate ventures that want to invest in exciting business opportunities.
  • Our regulatory specialists work alongside Kemp Little’s corporate and commercial professionals to help meet their compliance obligations.
  • With a service that is commercial and responsive to our clients’ needs, you will find our tax advice easy to understand, cost-effective and geared towards maximising your tax benefits.
  • At Kemp Little, we advise clients in diverse sectors where technology is fundamental to the ongoing success of their businesses.They include companies that provide technology as a service and businesses where the use of technology is key to their business model, enabling them to bring their product or service to market.
  • We bring our commercial understanding of digital business models, our legal expertise and our reputation for delivering high quality, cost-effective services to this dynamic sector.
  • Acting for market leaders and market changers within the media industry, we combine in-depth knowledge of the structural technology that underpins content delivery and the impact of digitisation on the rights of producers and consumers.
  • We understand the risks facing this sector and work with our clients to conquer those challenges. Testimony to our success is the continued growth in our team of professionals and the clients we serve.
  • We advise at the forefront of the technological intersection between life sciences and healthcare. We advise leading technology and data analytics providers, healthcare institutions as well as manufacturers of medical devices, pharmaceuticals and biotechnological products.
  • For clients operating in the online sector, our teams are structured to meet their commercial, financing, M&A, competition and regulatory, employment and intellectual property legal needs.
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  • The mobile and telecoms sector is fast changing and hugely dependent on technology advances. We help mobile and wireless and fixed telecoms clients to tackle the legal challenges that this evolving sector presents.
  • Whether ERP, Linux or Windows; software or infrastructure as a service in the cloud, in a virtualised environment, or as a mobile or service-oriented architecture, we have the experience to resolve legal issues across the spectrum of commercial computer platforms.
  • Our clients trust us to apply our solutions and know-how to help them make the best use of technology in structuring deals, mitigating key risks to their businesses and in achieving their commercial objectives.
  • We have extensive experience of advising customers and suppliers in the retail sector on technology development, licensing and supply projects, and in advising on all aspects of procurement and online operations.
  • Our legal professionals work alongside social media providers and users in relation to the commercial, privacy, data, advertising, intellectual property, employment and corporate issues that arise in this dynamic sector.
  • Our years of working alongside diverse software clients have given us an in-depth understanding of the dynamics of the software marketplace, market practice and alternative negotiating strategies.
  • Working with direct providers of travel services, including aggregators, facilitators and suppliers of transport and technology, our team has developed a unique specialist knowledge of the sector
  • Your life as an entrepreneur is full of daily challenges as you seek to grow your business. One of the key strengths of our firm is that we understand these challenges.
  • Kemp Little is trusted by some of the world’s leading luxury brands and some of the most innovative e-commerce retailers changing the face of the industry.
  • HR Bytes is an exclusive, comprehensive, online service that will provide you with a wide range of practical, insightful and current employment law information. HR Bytes members get priority booking for events, key insight and a range of employment materials for free.
  • FlightDeck is our portal designed especially with start-up and emerging technology businesses in mind to help you get your business up and running in the right way. We provide a free pack of all the things no-one tells you and things they don’t give away to get you started.

Government u-turn on TUPE proposals welcomed by outsourcing practitioners

On 5 September the government published its proposed changes to the Transfer of Undertakings (Protection of Employment) Regulation 2006 (“TUPE”), which provides protection for employees in the event of either a transfer of business or on an outsourcing. 

The proposals

In its previous consultation paper, the government had been proposing to remove the “Service Provision Change” test, which was introduced in 2006 to provide certainty that TUPE would apply in the event of an outsourcing, as the government felt that this “gold-plated” the EU legislation.

However the government has made a u-turn on this proposal in its latest response. This is welcomed by outsourcing practitioners, as removal of the service provision change test would only have created further uncertainty and legal cost for those involved in outsourcings. This is because if the service provision change test had been removed, the more complicated “multi-factorial” test would need to have been applied instead. This test involves looking at a wide range of factors and all of the surrounding circumstances, including whether there is a transfer of assets, in order to determine whether TUPE applies. It is very fact-specific and case law in relation to this test can be inconsistent, particularly in an outsourcing context.   

The government has also had a change of heart about the removal of the requirement on the transferor to provide “employee liability information” regarding the affected employees. Instead, the government is now proposing that such information must be provided 28 days before the transfer, rather than 14 days at present.

Other changes include:

  • Confirming some of the recent changes to TUPE from the case law, including that in order for there to be a service provision change, the activities which are the subject of the outsourcing must be “fundamentally or essentially the same” both before and after the transfer.
     
  • Allowing “microbusinesses” to inform and consult directly with employees, rather than having to elect employee representatives, where there is no recognised trade union.
     
  • Allowing transferees to renegotiate terms derived from collective agreements one year after the transfer (even if the reason for the change is the transfer itself), provided that any changes are no less favourable to employees.
     
  • Enabling the transferee (in certain circumstances) to consult with the transferring employees on collective redundancies prior to the transfer.

The government currently envisages that draft regulations will be put before parliament in December and the new legislation will come into force in January 2014.

In the meantime, for further information about the changes and the impact they will have, please contact Kathryn Dooks or David Williams.