Employment

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.

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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.

What is TUPE?

TUPE protects employees when:

  • A business (or part of a business) is sold or transferred to a new owner (a “business transfer”), or

  • A service contract is outsourced, insourced, or retendered (a “service provision change”).

In both cases, TUPE ensures that employees who are assigned to the transferring business or service:

  • Automatically transfer to the new employer (the “transferee”)
  • Retain their existing terms and conditions of employment
  • Are protected from dismissals connected to the transfer

TUPE applies regardless of the size of the business or the number of employees involved, and failure to comply can lead to claims for unfair dismissal, breach of contract, or protective awards.

Key TUPE Obligations for Employers

TUPE creates a number of legal duties for both the outgoing employer (the transferor) and the incoming employer (the transferee). These include:

Automatic Transfer of Employees

All employees linked to the business or contract transfer to the new employer on their existing terms, along with their rights, benefits, and liabilities.

Protection Against Dismissal

Employees cannot be dismissed simply because of a TUPE transfer. Any dismissal must have a genuine ETO reason and follow a fair process, or it may be ruled automatically unfair.

Duty to Inform and Consult

Employers must inform and, where necessary, consult employees or their representatives about the transfer, its timing, reasons, and impact. Failure to do so can lead to protective awards of up to 13 weeks’ gross pay per employee.

Employee Liability Information (ELI)

The outgoing employer must provide key employee details (contracts, claims history, collective agreements, etc.) to the new employer at least 28 days before transfer. Missing or late information can trigger penalties of up to £500 per employee.

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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.

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.

Experienced Solicitors Providing Expert Legal Advice

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  01908 660966

Ashton House, 409 Silbury Boulevard,
Milton Keynes, Buckinghamshire,
MK9 2AH

  01604 828282

8 Castilian St,
Northampton,
NN1 1JX

Monday to Friday | 9:00 AM – 5:30 PM
[email protected]

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