What is TUPE and why does it matter?

TUPE is the framework that preserves employee rights when a business is transferred, ensuring you move to the new employer with your rights intact.

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006. The core idea is that when a business or part of it transfers to a new owner, your employment contract equipment, rights and obligations pass to the new employer automatically. This means you usually keep your job, your length of service, and many terms and conditions. The transfer is designed to protect both workers and the continuity of the business, so customers and employees face as little disruption as possible during the change.

A practical consequence is that the new employer takes on the existing contract as it stands, along with any accrued rights such as holidays, pay, and entitlement to redundancy protection where applicable. If changes are proposed after the transfer, those changes must be negotiated and are subject to TUPE rules and any collective agreements in place.

• Automatic transfer of the employee to the new employer
• Preservation of length of service for rights like holiday and redundancy
• Continuity of terms and conditions where possible
• The new employer inherits liabilities and obligations from the transferor
• Any changes to terms and conditions after transfer should be consulted and negotiated
• Redundancy protections may require a separate consultation process

Who gains TUPE rights during a business transfer?

TUPE rights generally apply to employees who are assigned to the transferring business, with the new employer becoming your successor employer.

TUPE applies to employees who are assigned to the part of the business that transfers. If your role is in the transferring entity and your job is being carried over to the buyer or new owner, you are likely included in the transfer. The transferee becomes your new employer from the date of transfer, and your existing contract, terms, and service continue under the new employer.

If there are changes to the contract at or after transfer, these must be negotiated between the parties and aligned with TUPE protections and any applicable collective agreements. It’s common for staff representatives or unions to be involved in informing and consulting about the transfer process.

• Employee status and assignment to the transferring business are key
• The transferee becomes the new employer
• Continuity of contract and service is preserved
• Any post-transfer changes require negotiation and adherence to TUPE and collective agreements

Continuity of service and terms and conditions

TUPE preserves your continuity of service and transfers your terms and conditions where possible, with safeguards around changes.

A central aim of TUPE is to preserve continuity of service. This means that your length of service with the transferring business is carried over to the new employer. Holidays, pay, notice periods, and other contractual entitlements generally transfer with you, subject to the terms of the transfer and any changes negotiated.

However, while most terms move across, some changes can be made if they are lawful and properly negotiated. If your employer wants to change terms post-transfer, they typically need to follow the appropriate consultation processes or seek consent under any applicable collective agreements.

• Length of service carries over to the new employer
• Most terms and conditions transfer, including pay and holidays
• Post-transfer changes require negotiation and proper process
• Collective agreements can guide what changes are allowed

Information and consultation in TUPE transfers

Employers must inform and consult with employee representatives about the transfer, with specific timeframes if redundancies are involved.

Under TUPE regulations, the transferring employer must inform and consult with employee representatives about the transfer well in advance of the change. This process helps workers understand what will happen and provides a chance to raise concerns before the transfer completes.

In some circumstances, particularly where the transfer involves collective redundancies, there is a defined information and consultation window. The typical window for collective redundancies connected with a TUPE transfer ranges from 30 to 45 days, depending on the circumstances and the number of affected workers.

The aim is to ensure that concerns are heard and that any proposed changes are discussed with those affected before the transfer takes place.

• Employer must inform and consult with employee reps
• Early and meaningful engagement helps smooth the transfer
• Redundancies can extend the consultation window to 30-45 days

1. 1. Notify employee representatives of the transfer 2. Provide relevant information about the transfer 3. Hold meaningful consultation meetings 4. Agree a plan before the transfer occurs

Protection against dismissal solely due to the transfer

TUPE protects employees from being dismissed merely because the business is transferred to a new owner.

A key protection under TUPE is that employees cannot be dismissed simply because the business is transferring. If a dismissal is solely because of the transfer, it is usually considered unfair dismissal, and you may have a right to contest it.

This protection helps prevent the new employer from using the transfer as a reason to reduce headcount or change terms without proper justification or negotiation. If dismissal occurs for other legitimate business reasons, the TUPE framework may still apply, but those reasons should be assessed separately from the transfer itself.

If you believe you have been dismissed purely due to the transfer, seek advice from ACAS or a legal adviser, and document the reasons given by your employer.

• Cannot dismiss solely due to transfer
• Transfers require justification for any dismissal
• Document reasons and seek guidance if needed

Practical protections and actions you can take

Proactive steps can help you safeguard TUPE rights during a transfer and reduce risk of later disputes.

Proactively seeking information and documenting the transfer process is crucial. Request written details about the transfer, including who is the transferee, who will employ you after the transfer, and the timetable. If you have a staff representative or union, involve them early in the process.

Keep copies of all relevant documents, including the transfer agreement, payroll records, and any correspondence about changes to terms and conditions. If terms and conditions change after the transfer, review them against TUPE protections and applicable collective agreements. If something seems improper, raise concerns promptly with your employer or staff representatives and seek independent advice if needed.

If you believe your TUPE rights have not been protected, ACAS offers guidance and can help with early conciliation and resolving disputes without going to tribunal where possible.

• Request written transfer details
• Involve staff representatives or unions
• Keep copies of all transfer-related documents
• Review any post-transfer changes for TUPE compatibility
• Raise concerns promptly and seek advice if needed

1. 1. Gather information 2. Engage with representatives 3. Review changes 4. Seek advice if in doubt 5. Consider formal proceedings if rights are ignored