TUPE SUPPORT

TUPE Support for Employers.

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

Start with the commercial change.

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.

What is changing?

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

When might TUPE 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.

A business sale or acquisition

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.

Outsourcing

Where work previously carried out in-house is transferred to an external service provider.

Insourcing

Where an outsourced service is brought back into the organisation.

A change of contractor

Where an existing service contract ends and another provider takes over substantially the same activities.

PRACTICAL TUPE SUPPORT

Support through the transfer, not just advice on the rules.

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

Assessing whether TUPE applies

Review the transaction or service change, the activities involved and the workforce potentially affected.

02

Identifying affected employees

Help establish which employees may be assigned to the transferring business or service and therefore potentially within scope.

03

Transfer planning

Set out what needs to happen, who needs to do it and when — across both the outgoing and incoming employer where appropriate.

04

Information and consultation

Support the employer with employee communications, consultation planning and representative arrangements where required.

05

Employee information and due diligence

Help gather, review and organise the employment information and liabilities relevant to the transfer.

06

Proposed measures

Identify and communicate any proposed changes connected with the transfer so they can be considered at the right stage.

07

Documentation and communications

Prepare the letters, consultation materials, correspondence and supporting documents needed to put the process into action.

08

Post-transfer change

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

Know who is transferring — and what comes with them.

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.

Who is actually transferring?

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.

Due diligence should go further than ticking a box.

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

Consultation works better when it is planned early.

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.

Inform

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.

Consult

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.

Coordinate

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.

Document

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.

Transfer day is not the end of the TUPE risk.

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.

Restructuring the workforce

The new organisation may have duplicated roles, different reporting lines or a structure that no longer fits the combined operation.

Redundancies

Redundancy may still be possible after a TUPE transfer, but the reason for the proposed dismissals and the process followed matter.

Changing terms and conditions

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.

Integrating different working practices

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

"Plan the post-transfer position before transfer day."

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.

Speak to an Advisor

OUTCOME-FIRST TUPE SUPPORT

Clear advice. A managed process. The documentation handled.

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

Clarify

Understand the transaction, the commercial objective and what the organisation needs the position to look like after transfer.

02

Assess

Consider whether TUPE is likely to apply, which employees may be affected and where the principal employment risks sit.

03

Plan

Set out the sequence of actions, information and consultation required before the transfer takes place.

04

Draft

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

Close

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

Frequently asked questions about TUPE

Related employer support:

Employment Law Advice

Broader advice on difficult employment decisions.

Outsourced HR Support

Ongoing advice, drafting and day-to-day employer support.

Employment Tribunal Defence

Support if an employment dispute becomes a Tribunal claim.

Packages & Pricing

See the options for ongoing HR & Employment Law support.

What is TUPE?

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.

Get the employment position clear before the business moves.

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.

Prefer to speak now?

Call 0330 088 4471

SPEAK TO AN ADVISOR

Tell us what you need help with.

Leave your details and a member of the Harrington Raine team will get back to you to understand what you need and how we can help.

Thank you. We’ve got your details. A member of the Harrington Raine team will call you to discuss what you need.

YOUR PROPOSAL

Get your Harrington Raine proposal.

We've already captured the pricing you've selected. Tell us where to send your proposal and an adviser will take it from there.

Outcome Support
50 employees
£320 / month + VAT
Recommended 3-year agreement · Pay monthly

Thank you. A Harrington Raine adviser will review your requirements and be in touch shortly.

Call us Speak to an Advisor