Essential points

  • TUPE refers to the name of the law that determines the 'rules of engagement' when a business changes hands. 
  • The Transfer of Undertakings (Protection of Employment) Regulations 2006 are known as the ‘TUPE regulations’.
  • The regulations provide protection for employees when a business, or part of a business, changes the controlling party (a business transfer) or when a business is involved in an outsourcing or insourcing scenario (a service provision change). 
  • In a TUPE process there are two parties:
    • The transferor – the party, or parties, who carried out the business activities before the change.
    • The transferee – the party, or parties, responsible for taking on the business requirements after the change.
  • It is essential to follow the TUPE legislation. 2024 changes to consultation rules are now in effect.
  • There are certain employee rights under TUPE. Before a TUPE transfer occurs, employers must inform and consult with the employees involved or their representatives. 

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Disclaimer 

Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

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