What a TUPE transfer is
TUPE regulations protect your rights as an employee when you transfer to a new employer.
TUPE stands for Transfer of Undertakings (Protection of Employment).
A 'TUPE transfer' happens when:
- an organisation, or part of it, is transferred from one employer to another
- a service is transferred to a new provider, for example when another company takes over the contract for office cleaning
You may be affected by a TUPE transfer if:
- you're transferring from your current employer to a new employer
- other employees are transferring to a new employer but you stay employed with your current employer and do not transfer
- other employees have been transferred to the organisation you work for
Your rights under TUPE
Your rights are protected under TUPE if both of these things apply:
- you're legally classed as an employee
- the part of the organisation that's transferring is in the UK
However, TUPE regulations might also protect workers. You should get legal advice as this is a developing area.
The size of the organisation you work for does not matter. For example, your rights are still protected if you work for a large organisation with many employees, or a small one like a shop or a pub.
What happens during a TUPE transfer
Every TUPE transfer may be different, but the usual process involves the following:
- the old and new employers identify who is affected by the transfer
- the old and new employers inform, and in some cases consult, employees who are affected by the transfer
- the old employer provides the new employer with information about the employees who are transferring, for example their age and identity
- the employees who are transferring transfer to the new employer along with their employment contracts and length of service