Overview
TUPE applies when there is a ‘relevant transfer’, which can occur in two main ways.
The first is when ownership of a business or undertaking moves from one employer (the transferor) to another (the transferee), and the nature of the business does not change significantly after the transfer. This is described in the legislation as the transfer of an economic entity which retains its identity.
The second is when a contract for the provision of a particular service transfers from one provider to another, known under the regulations as a ‘service provision change’ (SPC). This includes insourcing, outsourcing, and the retendering of an outsourced contract from one external provider to another. For TUPE to apply to an SPC, the service provided must remain fundamentally the same before and after the transfer, and there must be an organised grouping of employees whose principal purpose is to carry out the activity that is transferring.
This page explains the key circumstances in which TUPE applies and the situations where it may not. It also outlines how TUPE can affect individuals, the protections available when a transfer takes place, and the rights and responsibilities of employers and workers throughout the process.
You will learn about the duty to inform and consult affected staff, as well as the implications of a transfer for occupational pension arrangements. By the end of this guide, you will have a clearer understanding of the legal protections you have under TUPE and the practical considerations that employers and workers should be aware of when a business or service transfers to a new organisation.
