Transfer of Undertakings (TUPE)

Whether you’re buying a business, outsourcing services or managing a contract change, TUPE may apply and with it come specific legal obligations to your employees. TUPE protects employees’ terms and continuity, and most transfer-related dismissals risk being automatically unfair. Employers must inform and, where required, consult affected staff, and non-compliance can lead to compensation. We’ll guide you through the process clearly and pragmatically, from early assessment through to post-transfer support.

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Preliminary TUPE assessments

We’ll analyse transactions and review the facts to tell you if TUPE applies. If it does, we’ll identify which employees are affected and guide you through the legal responsibilities.

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Employment due diligence

We review contracts, policies, claims, payroll and benefits to quantify liabilities. Including what that means for risk, pricing, and structure.

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TUPE warranties and indemnities

Drafting and negotiating tailored warranties and indemnities helps avoid disputes later down the line. We can help you manage TUPE risk early by apportioning costs and aligning positions across the transaction documents

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Information and consultation

We’ll support you with every step of the consultation process, from preparing statutory information to creating consultation plans, scripts, and timelines. We can also guide you on employee representative elections and help you manage representatives where needed.

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Employee Liability Information (ELI)

We compile and issue complete, compliant ELI, advising on content, timing, method of disclosure, and remedies for defects.

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Measures, reorganisations, and redundancies

We’ll support you with any planned changes after the transfer, including reorganisations, harmonisation initiatives, relocations, or redundancies. If challenges arise, we’re here to defend your position.

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Questions we’re often asked

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What is TUPE?

TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations. Regulations protecting employees when businesses transfer or services are outsourced or insourced.

When does TUPE apply?

TUPE applies when an economic entity or service provision transfers and retains its identity. This could include buying a business or changing service providers.

Can we change terms after a TUPE transfer?

Only in limited situations. Any changes must be for economic, technical, or organisational (ETO) reasons and properly consulted on.

Are dismissals linked to a transfer automatically unfair?

Yes, unless there’s a genuine ETO reason and a fair procedure is followed.

What information must we give to staff representatives?

You’ll need to share details about the transfer, its timing, reasons, legal and social implications, and any proposed changes.

What is Employee Liability Information (ELI)?

It’s a set of employment data the outgoing employer must provide to the new employer before the transfer takes place.