TUPE Transfer – How to get the transfer process right and ensure you have the right support throughout the project.
What does TUPE mean?
TUPE means the “Transfer of Undertakings (Protection of Employment) Regulations.” The Regulations protect employees’ rights when the business they work for “transfers” to a new employer. This may be as a result of a merger, or where the business is sold or bought. The identity of the employer must, however, change.
When does it apply?
TUPE applies when there is a “business transfer.” What this means is that the employer’s business or part of the business (e.g., a division) is being transferred to a new owner. However, it must be is keeping its ‘identity’ as a business – e.g., keeping its name, customers etc.
Buying or selling a business? Outsourcing or bringing work in-house? Need to make changes to your service provision? Whatever happens, you want everything to go smoothly.
Here based on ACAS’s guide we’ve put together checklists and TUPE advice for both employers, to help you understand the key steps to the process, whichever side of the transfer you’re on.
The steps involved in the TUPE process will vary depending on a variety of factors. Is the whole business being transferred? Is it certain service provisions impacted? Are you the incoming our outgoing employer?
In what situations does TUPE apply?
By way of broad guidance TUPE has been found to apply to:
- sales of a businesses by sale of assets
- a change of licensee or franchisee
- the gift of a business through the execution of a will
- contracting out of services
- changing contractors
- where all or part of a sole trader's business or partnership is sold or otherwise transferred
Whatever the situation, there are key factors to consider:
- The date of the proposed transfer
- The reason for the proposed transfer
- Identifying affected employees
- Gathering information & Employee Consultation
- Employee Liability Information (ELI) and due diligence
Our small team of highly qualified and experienced (over a hundred transfers) HR professionals and Employment Law consultants with take the complication away and give you the support you need to make sure your TUPE transfer goes by the book. Simple as that.
There’s a chance that you could run your business for decades and still struggle with TUPE regulations. They’re complicated, time-consuming, and can be messy, but getting them right is non-negotiable.
But it’s not as scary as it sounds. Make sure everything goes to plan with your TUPE transfer with the help of our friendly HR & Employment Law professionals. It’s like adding a TUPE expert to your team, exactly when you need them.
We’ll give you the advice and support you need to get your head round TUPE regulations and keep all business activities legally compliant.
From identifying a TUPE transfer and sorting employee contract transfers to understanding your obligation to inform and consult, take your next step with confidence knowing we’ve got your back.
How can we help?
Where an undertaking is to be transferred, it is essential that both the transferor and the transferee have regard to the rights of all employees of that undertaking. The law in this area is constantly evolving, the scope of situations that are covered by TUPE is increasing and the protection for employees is far-reaching.
TUPE advice, when you take on our all-in-one HR & Employment Law support package, you’ll get:
- 24/7 expert HR advice line
- All key HR documentation created for you.
You don’t have to engage in additional expensive advice or service – we’ve got you covered as part of your package (unless you want a little extra on-site support, of course).
We can provide TUPE advice on:
- Identifying a TUPE transfer
- How to provide and work through the Employee Liability Information
- Any necessary measures and consultation requirements
- The transfer of employees and which rights are protected.
This way, you can take each step with confidence that you understand all the risks, costs, and implications – and know that our advice helps to make a potentially difficult process to a smooth transition for everyone.