Clarkslegal LLP - Solicitors in Reading and London

Employment

TUPE

TUPE stands for the ‘Transfer of Undertakings Regulations 2006’. If your business is involved in any kind of restructure, from the sale or purchase of the whole company down to a change of cleaning contractor, you should be aware of TUPE and what it could mean for you.

We know that it can be difficult to get to grips with TUPE and we appreciate how challenging TUPE can be for those managing the process and the expectations of those affected. We tailor our support to be practical, clear and jargon free.

What is TUPE and how does it affect me?

The TUPE Regulations were first introduced in 1981 to implement the European Acquired Rights Directive and were overhauled in 2006.

The purpose of TUPE is to protect employees if their employer changes hands. The effect of TUPE is to automatically transfer the employees, along with all rights and any liabilities associated with them, from the old employer to the new employer.

Why do I need to know anything about TUPE?

TUPE can apply to employers of all sizes from the sole trader employing one part-time member of staff to multinational corporations. It covers an enormous number of different business transactions and, if it isn’t followed correctly,  you could be left with significant liabilities.

TUPE can apply when employers:

sell or buy part or all of a business as a going concern; or

make a "service provision change" which can be:

(a) outsourcing a service to an external contractor (e.g. a school decides to outsource its cleaning services to a third-party cleaning company).

(b) a subsequent transfer to another service provider (e.g. the school decides to change to another cleaning company)

or

(c) bringing a service back in-house (e.g. the school decides to employ cleaners directly and stops using a third-party cleaning company);

TUPE in 10
 

Our TUPE in 10 podcasts are designed to keep you in the know, while you’re on the go! Each podcast is under 10 minutes long and designed to give you a good overview of the minefield that is TUPE.