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Category: General

Quite often we refer to ‘staff for TUPE’ in our listings. Taillte Mallon, our business manager, has prepared the following note.

What is TUPE?

TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations 2006.

A ‘TUPE transfer’ happens when:
• an organisation, or part of it, is transferred from one employer to another.
• a service is transferred to a new provider, for example when another company takes over the contract for office cleaning.

Your rights are protected under TUPE if both things apply:
• you’re legally classed as an employee.
• the specific part of the organisation that’s transferring ownership is based in the UK.

Does the size of the business matter?

No, the size of the organisation you work for does not matter. Your rights are still protected if you work for a large employment agency, or a small recruitment business.

When does TUPE apply?

The 2 types of transfer where TUPE applies are:

Business Transfers

This is where a business or part of a business moves from one employer to another. This can include mergers where 2 businesses come together to form a new one. It’s possible for the business, or part of it, to have just one employee.
• Your employer must change identity for TUPE to apply.
• You will automatically transfer to your new employer when the transfer happens.

Service provision changes

This is where contracts are taken over. This can be because:
• a service provided in-house is taken over by a contractor (known as ‘outsourcing’)
• a contract ends and the work is transferred in-house (known as ‘insourcing’)
• a contract ends and is taken over by a new contractor (known as ‘retendering’)
• this can also include labour contracts

TUPE Protection

If an transferred employee is dismissed either because of the transfer or a reason connected with it, their dismissal is automatically unfair.

Notice Period

• The organisation needs to give 45 days’ notice. However, some organisations will give more than this to enable employees to ask questions and attend meetings.
• Employers must inform and consult with either a trade union or employee representatives about the TUPE transfer
• Businesses with fewer than 10 employees are not required to invite the election of representatives for consultation purposes if no existing arrangements are in place.

How long does TUPE last after transfer?

• The protection period by TUPE is indefinite. If the new employer attempts to change the terms and conditions of a contract because of the transfer, it’s illegal. TUPE can still protect an employee even years after the transfer.