TUPE

Free TUPE advice for employers.

Free Consultation

Supporting businesses with all aspects of TUPE transfers. 

Transfer of Undertakings, Protection of Employment Regulations (TUPE) are by far one of the most complex and time consuming HR issues for a business to deal with.

At KeyHR we can


  • Help you identify if TUPE applies and work with you to ensure you prepare, plan and implement the various steps needed to identify employees at risk of TUPE
  • Carry out due diligence
  • Undertake employee consultation
  • Help elect employee representatives where needed
  • Respond to objections and undertake the transfer process
  • Undertake redundancies that may arise
  • Help with any restructuring or redundancies pre and post transfer

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TUPE Support Key Features

Your own dedicated HR consultant fully experienced at dealing with all types of transfers & TUPE situations  

Expert HR advice and guidance ensuring  that your business stays on the right side of current UK employment law

We do all the hard work for you, providing  you with all the HR documentation / letters & templates needed   

TUPE / Transfers FAQ

  • What is TUPE ?

    TUPE stands for the Transfer of Undertakings, Protection of Employment Regulations 1981, (amended 2006, 2014) and is designed to help protect employees employment rights.

  • When does TUPE apply?

    In broad terms TUPE applies in 2 types of transfer:


    1) Business Transfer (i.e. the takeover / merger or transfer of a business to or from another company / owner)


    2) Service Provision Transfer (the transfer of a contract for the provision of services to or from another supplier e.g. contracted cleaning services)


    In both these cases the employees associated with the business or service provision have the right to stay within the role and their current employment rights are protected under TUPE legislation.


  • How do I know if TUPE applies?

    This can be one of the hardest things to ascertain and many smaller businesses may well claim TUPE applies when it does not or that TUPE does not apply when it does. The only way to be sure is to get professional advice and undertake proper due diligence on the roles.

  • Does TUPE not apply if there are only a few employees

    Regardless of the number of employees TUPE will still apply. 


    For example:


    If a company has 1 in house cleaner and outsources the cleaning service to a 3rd party contractor TUPE will still apply and the incoming service provider will have to take on the employee under TUPE.

  • What does TUPE mean for the new employer?

    In essence the new employer steps into the shoes of the old employer taking over all the employees’ original terms, condition and liabilities.


    Meaning a transferring employee maintains a continuation of service and cannot be given any terms and conditions that are less favorable than those they are currently employed on.


  • Is there a legal process to be followed for a TUPE transfer?

    Yes, there is a correct legal process to follow when undertaking a TUPE transfer, failure to do so may result in a tribunal claim being brought against the exporting company, importing company or both.

  • Can I undertake a TUPE transfer myself?

    Yes, anyone can undertake a TUPE transfer. However we always recommend getting someone who is proficient in the process to help and support due to the legal pitfalls associated with TUPE transfers.

  • Does TUPE apply to part time workers?

    Yes, part time, part year & zero hours employees are all covered by TUPE.

  • What should I do if faced with a suspected TUPE transfer?

    The simple answer is to get professional advice. 


    Our HR consultants are happy to give you an initial free consultation / free advice to help you ascertain if TUPE applies and what the implications are for your business.

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