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Everything You Need To Know About TUPE Transfers And Regulations.

Oct 15 2021 | Employment Law

by Joseph Navas

by Joseph Navas

Head of Litigation

In this article

When does TUPE apply?

TUPE regulations apply in the following circumstances for business transfers:

  • An employee’s job transfer over to a new company
  • Employment terms and conditions transfer to a new company
  • Continuity of employment is maintained

Furthermore, TUPE regulations can also apply for service provision changes. Examples of service provision changes include:

  • A service provided in-house (e.g. cleaning, workplace catering) is awarded to a contractor after the transfer. For example, if a company employs a cleaner and then after the transfer, the new employer decides to use an external cleaning company instead.
  • A contract ends, and the work is transferred in-house by the former client. For example, if a company is using a digital marketing agency, and then after the transfer decides to bring all the digital marketing work in-house.
  • A contract ends and is given to a new contractor after the employer transfer.

On the flip side, an employee isn’t protected under TUPE if:

  • They have been made redundant.
  • The business has gone or is going bankrupt.
  • They work for a goods supplier for a company’s use. For example, a restaurant decides to change food suppliers after the transfer.
  • They’re involved in single events or short-term work. For example, a single corporate event using a catering company.

 

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