TUPE regulations protect employees’ rights when they transfer to a new employer.
TUPE stands for the Transfer of Undertakings (Protection of Employment) regulations.
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
How TUPE regulations affect you
TUPE regulations affect you if:
- you’re the employer making the transfer (the old employer)
- you’re the employer taking on the transfer (the new employer)
Employees may also be affected if:
- they’re transferring from the old employer to the new employer
- other employees are transferring to a new employer but they stay employed with the old employer and do not transfer
- they already work for the employer taking on the transfer and will work with the staff who are transferring in
They will be protected by TUPE if they’re legally classed as an employee.
TUPE also provides you with some protections. For example, if you’re the new employer, you’ll have rights to specific employee information (known as ‘employee liability information’) which the old employer must provide. This includes things like employees’ terms and conditions of employment.
When TUPE regulations apply
TUPE applies if the part of the organisation that’s transferring is in the UK. The size of the organisation does not matter. For example, it could be a large organisation with many employees, or a small business like a shop or a pub.
You can find more information in the Acas guide to handling TUPE transfers, including:
- stages of the TUPE process
- how to inform and consult
- changing an employment contract
- redundancy and TUPE
- insolvency and TUPE