Employee rights during a TUPE transfer

TUPE regulations protect your rights as an employee when you 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

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

1. 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

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