TUPE
When a business or part of a business changes hands, or when services are transferred from one contractor to another, your employment may be protected under a set of rules known as the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
These regulations are designed to protect employees when their employer changes as part of a business sale or service provision change.
This page explains what TUPE is, how it affects you, and your rights in the event of a transfer.
What Is TUPE?
‘TUPE’ is the name commonly used for the legal protections that apply when your job moves from one employer to another because of:
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a business transfer (e.g., a sale of part or all of a business), or
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a service provision change (e.g., outsourcing of work, re-tendering, or bringing work back in-house).
TUPE ensures that your employment contract automatically moves to the new employer (called the transferee) with your existing terms, conditions, continuity of service and rights preserved.
You do not have to agree to this transfer, it happens automatically by law if TUPE applies.
When Does TUPE Apply?
TUPE applies in two main situations:
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Business Transfers
Where a business (or part of one) is sold or taken over and the identity of your employer changes, while the business activity continues as before.
2. Service Provision Changes
Where the work you do moves from one service provider to another, such as:
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outsourcing to an external contractor
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a change in contractor
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bringing previously outsourced services back in-house
TUPE does not usually apply where a company simply changes ownership through a share sale and your employer remains the same legal entity.
What Happens to Your Job Under TUPE?
If TUPE applies:
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Your employment automatically transfers to the new employer
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Your terms and conditions remain the same, they cannot be changed just because of the transfer
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Continuous service is preserved as if there was no break in employment
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Any entitlements, rights and benefits you had will continue with the new employer
These protections are automatic and do not depend on your agreement.
Changes to Your Contract After a TUPE Transfer
Your terms and conditions cannot be altered if the reason for the change is the transfer itself. This means:
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a reduction in pay
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removal of benefits
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changes to hours, roles, or job location
…cannot be imposed solely because your job has transferred.
However, changes after a transfer may be lawful if:
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they are beneficial to you, or
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they are agreed with you, or
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there is a legitimate economic, technical or organisational (ETO) reason that requires changes in the workforce
Changes that are made without a proper reason may be unlawful and give rise to claims.
Information, Consultation and Your Rights
Both the existing employer (the transferor) and the new employer (the transferee) have duties before a TUPE transfer:
Information You Should Receive
You should be told in writing about:
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the fact a transfer is happening
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when the transfer will take place
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the reasons for the transfer
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any measures your new employer envisages taking in relation to you
This information must be provided in a timely way to allow proper consultation.
Consultation
Your employer should genuinely consult with you about:
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the effects of the transfer on your job
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any changes envisaged
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possible alternative roles
If elected representatives (or a recognised trade union) are in place, consultation should normally be handled through them.
Redundancy and TUPE
If redundancies occur because of genuine business needs after a TUPE transfer (for reasons unrelated to the transfer itself), this may be lawful. However:
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redundancy dismissals connected solely to the transfer are likely to be automatically unfair unless there is a legitimate ETO (economic, technical or organisational) reason
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selection for redundancy must be fair and objective
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meaningful consultation must be undertaken before redundancies are confirmed
If you believe redundancy has not been handled fairly or legitimately, you may have recourse through a grievance or, in some cases, an Employment Tribunal claim.
Questions About Your Rights
If your job is transferring under TUPE, you can ask:
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how your terms and conditions will be preserved
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whether your continuous service is protected
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what changes, if any, your new employer plans to make
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what consultation has taken place
Employers must respond to legitimate requests for information connected to the transfer.
What To Do if Your Rights Are Affected?
If you believe that
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your terms or conditions have been changed unlawfully,
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you were not properly informed or consulted,
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you have been selected for redundancy for an improper reason, or
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your transfer rights have otherwise been breached,
you may be able to raise a grievance internally and, where appropriate, pursue an Employment Tribunal claim.
Strict time limits apply for tribunal claims, and you should consider seeking advice early.
How We Can Help
TUPE cases are often fact-sensitive and can involve complex questions about terms, consultation obligations and liability. We can help you:
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understand whether TUPE applies to your situation
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check whether your rights have been protected
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advise on consultation and changes to terms
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represent you in disputes or tribunal claims
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support you in negotiations with your employer
Professional advice can help you understand your rights and take informed steps.
CONTACT US
For enquiries, legal advice, or case evaluations, feel free to reach out to us anytime. Fill out the form below and a member of the team will be in touch as soon as possible.