TUPE Procedure
With Us, Stay Sharper!
TUPE applies when a business, or part of one, changes hands, whether through a sale, merger, outsourcing arrangement or a change of contractor providing a service. Affected employees automatically transfer to the new employer on their existing terms and conditions, continuity of employment is preserved by law.
As an employer, you have specific legal duties before a transfer takes place: providing Employee Liability Information to the new employer, informing and consulting with affected employees or their representatives, and avoiding dismissals connected to the transfer unless there is a genuine economic, technical or organisational reason.
Sharper Labs Legal guides both outgoing and incoming employers through TUPE due diligence, the information and consultation process, and the practical challenge of harmonising terms and conditions after a transfer, helping you avoid the common pitfalls that lead to tribunal claims.
Talk to an employment-law consultant
Free, no-obligation initial consultation for your business.
How we support your tupe procedure
- TUPE due diligence before a transaction
- Informing and consulting affected employees
- Preparing Employee Liability Information (ELI)
- Harmonising terms and conditions post-transfer
- Managing redundancy considerations linked to a transfer
- Outsourcing, insourcing and re-tendering transfers
TUPE Procedure, frequently asked questions
Everything you need to know about this topic.
TUPE (the Transfer of Undertakings, Protection of Employment, Regulations) applies when a business or part of a business changes ownership, or when a service contract moves to a new provider. It automatically transfers affected employees to the new employer on their existing terms.
Changes connected to the transfer are very difficult to make and are void unless there is an economic, technical or organisational reason entailing changes in the workforce. We advise on what changes, if any, are safely achievable.
It is information the outgoing employer must provide to the incoming employer before a transfer, covering affected employees' identities, terms and conditions, disciplinary and grievance history, and any ongoing claims or liabilities.
Yes. Employers on both sides of a relevant transfer must inform, and in most cases consult, affected employees or their representatives about the transfer and any measures envisaged, well before it takes place.
Dismissals solely because of the transfer are automatically unfair, unless there is a genuine economic, technical or organisational reason entailing changes in the workforce. We assess whether a proposed reason is likely to meet this test.
Talk to us for legal advice tailored to your needs
Call now or book a free initial consultation, you will never be disappointed.