Employee rights during a TUPE transfer

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

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

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