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TUPE transfers

In the course of operating your business, circumstances may arise in which Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. may transfer to or from your business under the The Transfer of Undertakings (Protection of Employment) Regulations 2006. A set of regulations which dictate the protections that employees have when their employer changes. Regulations. This section will help you to understand when The Transfer of Undertakings (Protection of Employment) Regulations 2006. A set of regulations which dictate the protections that employees have when their employer changes. will apply, which of your Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. will transfer and how to comply with your legal obligations when Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. are transferring. It will also guide you through dealing with dismissals and Where staff members are dismissed because their role will no longer exist with the employer. connected to a A transfer of an employee between employers to which the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply. and when and how you can change the contracts of Anybody who works for a business, whether as an employee, casual worker, apprentice, agency worker or freelancer. who have transferred.

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Situations where TUPE applies

  1. 1.What is TUPE?
  2. 2.Does Brexit affect TUPE?
  3. 3.When does TUPE apply?
  4. 4.Will TUPE apply if I sell my business or acquire another business?
  5. 5.Will TUPE apply if I outsource a service that I currently provide in-house?
  6. 6.Will TUPE apply if I bring a service in-house for which I currently use an outside contractor?
  7. 7.Will TUPE apply if I end my contract with one contractor and give the work to a new contractor?
  8. 8.Will TUPE apply if I lose (or gain) a contract for services in a re-tendering process?
  9. 9.Will TUPE apply if I transfer my employee to another group company?

Which staff transfer under TUPE

  1. 10.Which of my staff will transfer in a TUPE situation?
  2. 11.Do employees transfer under TUPE if they carry out tasks on various different assignments?
  3. 12.Do employees transfer under TUPE if they are absent (eg on sick leave or maternity leave) or temporarily unable to perform their usual job?
  4. 13.Do employees working under temporary assignments transfer under TUPE?
  5. 14.Can employees be moved within the business in order to manipulate who transfers under TUPE?
  6. 15.Could I change my employees' terms and conditions to make them more favourable prior to the transfer?
  7. 16.Can I ask my staff to opt out of TUPE?
  8. 17.What happens if an employee objects to being transferred under TUPE?
  9. 18.What happens if a proposed transfer will bring about a change to the employee's working conditions and they resign as a result?
  10. 19.Can I dismiss an employee prior to a TUPE transfer?
  11. 20.When will employees transfer to the new employer in a TUPE situation?

Business negotiations before a TUPE transfer

  1. 21.What arrangements do I need to make with the other business involved in a TUPE transfer?
  2. 22.What rights and liabilities transfer with employees in a TUPE transfer?
  3. 23.After a TUPE transfer, does the new employer take on legal disputes between the employee and the previous employer?
  4. 24.What happens about pension scheme membership after a TUPE transfer?
  5. 25.Does responsibility for National Minimum Wage liabilities transfer under TUPE?
  6. 26.What information is the business which transfers employees away in a TUPE transfer expected to provide to the business that will take them on?
  7. 27.What 'employee liability information' must an outgoing employer provide to an incoming employer before a TUPE transfer?
  8. 28.What core employment terms and conditions must I include in my employee liability information if I am transferring employees in a TUPE transfer?
  9. 29.What information must the employer who will take on employees after a TUPE transfer provide to the business which is transferring them away?
  10. 30.What contractual clauses are commonly included to deal with TUPE?

Informing and consulting employees prior to a TUPE transfer

  1. 31.What do I need to do if I am an employer transferring staff away from my business in a TUPE transfer?
  2. 32.What do I need to do if I am an employer transferring staff into my business in a TUPE transfer?
  3. 33.What information must I provide to staff before a TUPE transfer?
  4. 34.If I am transferring staff away from my business in a TUPE transfer, which staff have the right to receive information about the transfer?
  5. 35.If I will be taking staff into my business following a TUPE transfer, which staff have the right to receive information about the transfer?
  6. 36.Do I have to consult my employees before a TUPE transfer takes place?
  7. 37.How do I conduct an employee consultation process before a TUPE transfer?
  8. 38.How long must I allow for the employee consultation process before a TUPE transfer takes place?
  9. 39.Do my employees have to have a representative during a TUPE process?
  10. 40.Who can act as an employee representative during a TUPE transfer process?
  11. 41.How many employee representatives are needed in a TUPE process?
  12. 42.How do I arrange an employee representative election ahead of a TUPE transfer?

Post-transfer issues

  1. 43.Can I dismiss an employee who has transferred to me via TUPE?
  2. 44.What do I do if my business no longer needs or cannot afford to keep staff after a TUPE transfer?
  3. 45.Can I change the contract of employment of an employee who has transferred to me under TUPE?
  4. 46.Can I change a TUPE transferred employee's contract to bring it in line with the contracts of my existing staff?
  5. 47.How long after a TUPE transfer took place do the rules prohibiting changes apply?
  6. 48.If I give my existing staff a pay rise or other benefits, must I do the same for TUPE transferred staff?

TUPE - Confirmation of transfer of employment letter

A confirmation of transfer of employment letter can be used by the incoming employer in a TUPE transfer to confirm that the transfer has been finalised. Transferring employees may not immediately realise their employer has changed, therefore the incoming employer should write to them to let them know that the transfer has happened. The letter should confirm the date upon which employment transferred; this will help to avoid any confusion in the future. You can also purchase this letter as part of the TUPE transfer toolkit for incoming employer .
Free

Checklist - Practicalities to consider ahead of a TUPE transfer (outgoing employer)

If you plan on transferring employees away from your business under TUPE, this checklist will help you to consider the practical steps you will need to take after the transfer has occurred. Use this checklist before the transfer takes place to help you make plans and put appropriate measure in place to deal with any post-transfer practicalities. You can also purchase this checklist as part of the TUPE transfer toolkit for outgoing employer .
£10 + VAT
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