TUPE Transfer

TUPE Transfer

At Franklins Solicitors, we provide expert legal support to employers on both sides of a transfer, helping you through the TUPE process with confidence, reducing the risk of disputes, and ensuring a smooth transition for your workforce.

At Franklins Solicitors, we provide expert legal support to employers on both sides of a transfer, helping you through the TUPE process with confidence, reducing the risk of disputes, and ensuring a smooth transition for your workforce.

Law for life

Protecting Your Business During Transfers of Undertakings

The Transfer of Undertakings (Protection of Employment) Regulations 2006, commonly known as TUPE, are designed to safeguard employee rights when a business or service provision changes hands. For employers, TUPE can be complex, with serious legal and financial implications if not handled correctly.

At Franklins Solicitors, we provide expert legal support to employers on both sides of a transfer, helping you through the TUPE process with confidence, reducing the risk of disputes, and ensuring a smooth transition for your workforce.

law for life

What is TUPE?

TUPE provides important protections for employees when a business, or part of a business, is sold or transferred to a new owner (a “business transfer”), or when a service contract is outsourced, insourced, or retendered (a “service provision change”). In these situations, employees assigned to the transferring business or service automatically transfer to the new employer (the “transferee”), retain their existing terms and conditions of employment, and are protected from dismissals connected to the transfer. TUPE applies regardless of the size of the business or the number of employees affected, and failure to comply can result in claims for unfair dismissal, breach of contract, or protective awards.

Speak to our Employment Team

Protect your business with proactive, commercially focused legal support. Speak to our employment law team today to resolve workplace issues quickly and confidently.

Employment

How Franklins Solicitors Can Help

TUPE Experts for All Parties

Specialist advice for both transferors and transferees to ensure smooth, compliant transfers.

Trusted Across Industries

Experienced in guiding businesses of all sizes and sectors through TUPE obligations.

Clear, Jargon-Free Advice

Straightforward guidance from start to finish so you fully understand your responsibilities.

Comprehensive TUPE Support

Assistance with consultation, contracts, and compliance to minimise risk.

Defence Against TUPE Claims

Strong representation to protect your business from disputes and tribunal claims.

Employment

TUPE Transfer FAQs

What is TUPE and when does it apply?2025-08-22T10:22:39+01:00

TUPE (Transfer of Undertakings (Protection of Employment) Regulations) applies when a business, service, or contract is transferred to a new employer. It ensures employees’ jobs, terms, and rights are protected during the transfer.

Do employees have to agree to transfer under TUPE?2025-08-22T10:22:59+01:00

No. Employees automatically transfer to the new employer with their existing rights and contracts. If they object, they can refuse to transfer, but this is treated as a resignation without redundancy pay.

Can terms and conditions be changed after a TUPE transfer?2025-08-22T10:23:40+01:00

Generally no, unless there is a valid economic, technical, or organisational (ETO) reason and the employee agrees. Changes purely because of the transfer are likely to be void and unenforceable.

What information must be provided to the new employer?2025-08-22T10:24:41+01:00

The outgoing employer must give written Employee Liability Information (ELI) at least 28 days before transfer, including contracts, claims, and disciplinary records. Failure to do so can result in fines of up to £500 per employee.

What happens if the duty to inform and consult is not followed?2025-08-22T10:24:21+01:00

Both outgoing and incoming employers risk tribunal claims and can be ordered to pay a protective award of up to 13 weeks’ gross pay per affected employee.

Can employees be dismissed because of a TUPE transfer?2025-08-22T10:23:59+01:00

Dismissals where the sole or main reason is the transfer are automatically unfair. Only dismissals for a genuine ETO reason, carried out with a fair process, may be lawful.

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