Transfer of Undertakings (Protection of Employment) Guidance
This guidance provides advice on the application of TUPE Regulations to support employers to comply with legal requirements.
TUPE Regulations are designed to protect the rights of employees and apply to
- Business Transfers, where the whole or part of a business is sold; and
- Service Provision Changes, where a business contracts out or contracts in some of its activities or changes the contractor, it uses to provide those services.
This guidance is designed to provide guidance to the practical application of TUPE providing template letters and forms.
Please contact the Employee Relations Helpline if you have any questions not answered in the guidance.
Important update:
The 1 January 2024 Amendments have been incorporated into the guidance
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 (SI 2023/1426) came into force on 1 January 2024.
The regulations amend the Transfer of Undertakings (Protection of Employment) Regulations 2006 so that the requirement to hold elections for employee representatives for TUPE consultation will be removed for small businesses and for transfers of fewer than 10 employees.
Where they do not already have employee representatives in place, employers will be able to consult directly with employees on TUPE transfers:
- if the organisation has fewer than 50 employees (ie small businesses); or
- for organisations of any size, if fewer than 10 employees are to transfer.
The change will apply to TUPE transfers taking place on or after 1 July 2024.