How Employers Can Legitimately Avoid Being Caught Out by Tupe
Arrangements can be lawfully structured to reduce the risk of nasty surprises.
Companies often ask their legal advisers how they can avoid the impact of Tupe on their commercial arrangements. A parallel with that sort of discussion is the distinction drawn between legitimate tax avoidance and unlawful tax evasion. The real question is the extent to which it is legitimate and possible for employers to manage their employment arrangements so as to ensure that Tupe does, or does not, apply in a given situation.