TUPE SUPPORT
Keep the transfer moving.
Buying or selling a business, outsourcing a service or changing contractors? We help employers establish whether TUPE applies, identify affected employees and manage the employment process around the transfer.
From consultation and employee communications to transfer documentation and post-transfer change, you get clear advice on what needs to happen — and practical support putting it into action.
Outcome-first advice · Same-day responses · Drafted for you
START WITH THE TRANSACTION
Before TUPE becomes an employment process, it starts with a business decision.
You may be buying or selling part of a business, outsourcing a service, bringing work back in-house or changing contractors. The first step is to understand exactly what is changing, what work is moving and what you want the organisation to look like afterwards.
Only then can the employment position be assessed properly.
We look at the commercial change first, then work through the people implications around it — including whether TUPE is likely to apply, which employees may be affected and what needs to happen before the transfer.
Understand the transaction first. Then build the employment process around it.
A business or part of one is being bought or sold
Understand what is actually transferring and how the transaction affects the workforce.
A service is being outsourced or brought back in-house
Establish what activities are moving and which employees are connected with them.
A contractor is changing
Assess the existing service arrangement rather than assuming TUPE automatically applies.
The organisation will look different afterwards
Identify proposed changes early so they can be considered as part of the transfer planning.
WHEN TUPE MAY APPLY
TUPE can protect employees when a business, part of a business or certain services move from one employer to another.
It commonly needs to be considered when there is a business sale or acquisition, outsourcing, insourcing, or a change of contractor
But a change of ownership, supplier or contract does not automatically mean TUPE applies.
The structure of the transaction, the activities being transferred, the workforce involved and how the service operates before and after the change can all matter.
That is why we assess the circumstances before recommending a TUPE process.
Where a business, undertaking or identifiable part of one moves to a new employer and continues operating in broadly the same or a similar way.
Where work previously carried out in-house is transferred to an external service provider.
Where an outsourced service is brought back into the organisation.
Where an existing service contract ends and another provider takes over substantially the same activities.
PRACTICAL TUPE SUPPORT
TUPE can involve several moving parts at once. We help employers work through the employment issues in the right order, with clear recommendations and the documentation needed to keep the process moving.
01
Review the transaction or service change, the activities involved and the workforce potentially affected.
02
Help establish which employees may be assigned to the transferring business or service and therefore potentially within scope.
03
Set out what needs to happen, who needs to do it and when — across both the outgoing and incoming employer where appropriate.
04
Support the employer with employee communications, consultation planning and representative arrangements where required.
05
Help gather, review and organise the employment information and liabilities relevant to the transfer.
06
Identify and communicate any proposed changes connected with the transfer so they can be considered at the right stage.
07
Prepare the letters, consultation materials, correspondence and supporting documents needed to put the process into action.
08
Advise on restructuring, contractual changes, redundancies or other employment issues arising after the transfer.
The objective is not simply to complete a TUPE process. It is to help the business reach the other side of the transfer with the employment position under control.
UNDERSTAND WHAT YOU ARE INHERITING
A TUPE transfer is not simply a list of employees moving from one organisation to another.
For the incoming employer, it is important to understand which employees may transfer and the employment position that comes with them. For the outgoing employer, the right information needs to be identified, checked and provided properly.
That can include:
contractual terms, pay and benefits;
length and continuity of service;
working arrangements and established practices;
holiday and other entitlements;
relevant collective agreements;
ongoing disciplinary or grievance matters;
sickness absence and other employee-relations issues;
existing or potential employment claims.
Particularly with outsourcing and contractor changes, identifying the affected workforce is not always as simple as looking at who has worked on the contract.
We help examine how the work is organised, which employees are connected with the transferring activities and where there may be uncertainty about who falls within the transfer.
Employee liability information is an important part of the process, but an incoming employer may need a broader understanding of the workforce it is inheriting.
Problems discovered after the transfer can affect cost, structure and the changes the business wants to make next.
Know the employment position before you inherit the consequences.
INFORMATION & CONSULTATION
Employees affected by a TUPE transfer need to understand what is happening, why it is happening and what the transfer could mean for them.
Leaving those conversations until the transaction is nearly complete can create unnecessary uncertainty, unanswered questions and pressure on an already busy process.
Good TUPE consultation is not about completing a meeting. It is about giving people the right information, dealing with proposed change properly and keeping the transfer moving.
Affected employees need appropriate information about the transfer, including why it is happening, when it is expected to take place and the implications for them.
Where measures are proposed that will affect employees, consultation needs to be genuine — giving the appropriate representatives or employees an opportunity to understand the proposals, ask questions and have their views considered.
The outgoing and incoming employers may each hold information the other needs. Proposed measures, employee communications and the timing of the process therefore need coordinating rather than being managed in isolation.
We help prepare the communications, representative documentation, consultation materials and correspondence needed to support a clear and properly managed process.
FAIR TO THE EMPLOYEE. PRACTICAL FOR THE BUSINESS.
Once employees have transferred, the business often wants to move quickly — integrating teams, changing structures, removing duplication or aligning the way people work.
That is where TUPE can become particularly important.
Changes that look commercially straightforward may need careful handling where they are connected with the transfer.
The new organisation may have duplicated roles, different reporting lines or a structure that no longer fits the combined operation.
Redundancy may still be possible after a TUPE transfer, but the reason for the proposed dismissals and the process followed matter.
Transferred employees do not simply lose their existing contractual rights because they have moved to a new employer. Proposed changes need to be assessed against the reason for the change and the contractual position.
Policies, benefits, working arrangements and management structures may differ between the existing and transferred workforce. Not every difference can or should be removed immediately.
EMPLOYER TIP
Where possible, we help employers identify proposed changes early, understand the risk and decide on the appropriate route before the workforce has already transferred.
That means the commercial plan and the employment strategy can be considered together — rather than discovering afterwards that the intended changes are more difficult than expected.
OUTCOME-FIRST TUPE SUPPORT
TUPE can involve legal analysis, commercial decisions, employee communication and a significant amount of documentation.
Our role is to bring those parts together — so you know what needs to happen, why it matters and what comes next.
01
Understand the transaction, the commercial objective and what the organisation needs the position to look like after transfer.
02
Consider whether TUPE is likely to apply, which employees may be affected and where the principal employment risks sit.
03
Set out the sequence of actions, information and consultation required before the transfer takes place.
04
Prepare the practical documents needed to move the process forward, including employee communications, consultation materials, representative correspondence, measures information, due-diligence questions and support with employee liability information. We can also prepare transfer correspondence and post-transfer documentation where required.
05
Help the business move beyond transfer day and deal with the employment issues that follow — rather than leaving you with advice and a list of things to work out yourself.
TUPE FAQs
Related employer support:
Broader advice on difficult employment decisions.
Ongoing advice, drafting and day-to-day employer support.
Support if an employment dispute becomes a Tribunal claim.
See the options for ongoing HR & Employment Law support.
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. It protects employees and certain employment rights when a qualifying business or service transfers from one employer to another.
TUPE may apply where a business, undertaking or identifiable part of one transfers to a new employer and retains its identity. Whether it applies depends on the facts of the particular transaction, so a business sale does not automatically mean every employee transfers.
It can. TUPE may apply to certain service provision changes, including outsourcing, insourcing and changing contractors. The activities being carried out before and after the change, and how the workforce is organised around them, need to be considered.
Employees who are assigned to the business or part of the undertaking that is transferring will generally transfer where TUPE applies. Identifying the correct employees can become more complicated where people work across different contracts, services or parts of the business.
Employers need to provide affected employees or their representatives with prescribed information about the transfer. The outgoing employer must also provide the incoming employer with specified employee liability information about transferring employees.
Employers must inform affected employees about the transfer. Where measures are proposed that will affect employees, consultation may also be required. Who the employer consults with will depend on the circumstances and the representative arrangements that apply.
Not simply because the employer wants to harmonise terms following the transfer. Some changes may nevertheless be possible depending on the reason for the change, the contractual position and whether the relevant legal requirements are satisfied. Proposed changes should be assessed before they are implemented.
Potentially, yes. TUPE does not prevent all redundancies, but employers need a genuine redundancy situation and must consider the reason for the proposed dismissal, including whether an economic, technical or organisational reason involving changes in the workforce applies. A fair redundancy process will still be required.
There is no fixed TUPE consultation period. Employers must allow enough time to provide the required information and carry out any necessary consultation before the transfer. How long this takes will depend on factors such as the number of employees affected, the complexity of the proposed changes and whether employee representatives need to be elected.
Both the outgoing and incoming employer have responsibilities during a TUPE transfer. Each must deal appropriately with the employees affected by the transfer, while the incoming employer also needs to provide information about any measures it proposes so these can be communicated and consulted on where required. Good coordination between both organisations is therefore important.
TUPE mistakes can lead to Employment Tribunal claims, compensation and disputes between the outgoing and incoming employers. Failures can include not properly informing or consulting affected employees, providing incomplete or inaccurate employee liability information, or mishandling transfer-related dismissals or contractual changes. Getting the position clear early can therefore reduce both legal exposure and disruption to the transaction.
Yes. We can help assess whether TUPE is likely to apply, identify the employees and issues involved, plan the information and consultation process and prepare the documentation required to move the transfer forward. Where additional hands-on support is needed, we can also provide separately chargeable HR Consultancy & Meeting Support for appropriate internal consultation meetings and processes.
Tell us what is changing, what the transaction involves and what you need the organisation to look like afterwards.
We will help you assess whether TUPE is likely to apply, identify what needs to happen and support the employment process through to transfer and beyond.
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