What is TUPE?
TUPE stands for Transfer of Undertakings (Protection of Employment).
TUPE regulations protect the rights of an employee when transferring to a new employer.
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
Employees may be affected by a TUPE transfer if:
Transferring from current employer to a new employer
Other employees are transferring to a new employer, but a few employees stay employed with the current employer and do not transfer
Other employees have been transferred to the organisation
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/appropriate representatives 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
What does Inform and Consult mean?
To ‘inform’ is when the current employer provides facts about the transfer, this prescribed information must be provided ahead of the transfer.
‘Consult’ is when the employer consults with affected employees/appropriate representatives regarding any known ‘measures’ that the transfer will bring, such as changes to working practices. This could include things like:
The date employees get paid
Hours of work
Location of work
At Lovewell Blake, our team of HR Consultants can help you through the entire TUPE process from start to finish.