TUPE

What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. Its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. 

Why do you need to know anything about TUPE?  

TUPE applies to a number of different business transactions it is therefore essential that employers of all sizes understand what employment liabilities can arise. TUPE can apply when employers:

  • Sell or buy part or all of a business as a going concern; 
  • Outsource or make a "service provision change" involving either (a) an initial outsourcing of a service (e.g. where services transfer from the customer to an external contractor); (b) a subsequent transfer (e.g. where services transfer from the first external contractor to a different external contractor; and (c) bringing the service back in-house (e.g. where services transfer from an external contractor back to the customer) 
  • Grant or take over a lease or licence of premises and operate the same business from those premises.


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