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.
- There are certain employee rights under TUPE. Before a TUPE transfer occurs, employers must inform and consult with the employees involved or their representatives.
CIPD member content
This content is only available for CIPD members
If you’re already a CIPD member, please sign in to access this content
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.
Bullying
and harassment
Discover our practice guidance and recommendations to tackle bullying and harassment in the workplace.
CIPD Trust
Tackling barriers to work today whilst creating inclusive workplaces of tomorrow.
Related content on TUPE
Looks at the law governing transfers of undertakings and gives introductory guidance on managing a TUPE situation
Discover our resources on protecting employees when a business changes ownership.
Outlines the main legal requirements surrounding TUPE transfers, and the essential steps involved in managing them
The 'Retained EU law bill', or REUL, changes UK employment law.
The CIPD's dedicated legal resource on holiday entitlement for all types of worker. This page includes guidance on applying the working time directive and how the UK court system sees legal claims against employers on annual leave matters.
CIPD guidance on the legality of working hours in the UK. Workable hours and breaks are directed by the UK's Working Time Regulations, formally part of the EU Working Time Directive. Here we explore key legislation and how the courts see claims against employers.