TUPE transfer

When a business changes, expands or contracts, there may be a need to move people elsewhere, or receive new staff from another business. Transferring employees in or out of an organisation is rarely straightforward. TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations, which ensure that employees’ terms and conditions of employment stay intact when they transfer.

The TUPE process involves everything from notifying employees of the transfer and consulting with unions or representatives, to passing on all current policies and procedures to the new company owners.

You wouldn’t expect the law to miss a trick on this and it doesn’t – there’s a legal requirement to:

• consult all employees affected by the transfer, and/or trade union officials (whether that’s directly or indirectly)
• not dismiss employees as a direct result of the transfer (unless a viable economic, technical, or organisational (ETO) reason applies)
• allow employees to retain their existing terms and conditions of employment.

How we can help

It’s a complex business, but don’t worry – we’re here to solve your TUPE blues. Our HR team are readily available to:

• provide advice and guidance on the entire process
• help establish who is affected and who isn’t
• organise and implement a consultation process
• devise measures to ensure a smooth transfer
• make sure that both you and other organisations involved in the transfer fulfil your legal obligations.