TUPE (Transfer of Undertakings Protection of Employment rights)

A UK employment law that protects the rights of employees when their business or part of their business is transferred to a new employer.

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TUPE Transfer

The TUPE regulations govern the transfer of employees between companies, either in whole or in part. They apply to two main scenarios:

  • Business Transfers: This occurs when a business, or part of it, is transferred from one employer to another.  
  • Service Provision Changes: This includes outsourcing, insourcing, or the assignment of work issued to a new contractor.

Navigating these regulations can be complex, and failing to meet your obligations as an employer can lead to significant risks. Claims can be brought for automatic unfair dismissal, constructive dismissal and wrongful dismissal. Failure to comply with the TUPE regulations can result in financial penalties, potentially amounting to 13 weeks’ pay for each affected employee.

How we can help

TUPE is not something you have to navigate alone, there are many implications which could financially bring a detriment to the organisation. Our HR professionals offer a comprehensive TUPE management service to help you stay compliant with the law.

We will determine if TUPE applies to your situation. We will then guide you through the process of electing employee representatives and managing consultations. We provide current advice and necessary documentation while ensuring that accurate information is exchanged between the companies involved in the TUPE transfer.