Understanding TUPE: protecting employees and reducing risk
Whether your business is expanding, restructuring, or undergoing a merger or acquisition, navigating the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) is essential to protecting your workforce and ensuring operational continuity.
TUPE provides a legal framework that safeguards employee rights during business or service transfers – minimising disruption, maintaining trust, and ensuring compliance.
TUPE applies in two main scenarios:
- Business transfers: where a business or part of a business moves to a new employer.
- Service provision changes: such as outsourcing, insourcing or a change in service provider.
In either case, employees assigned to the transferring business or service automatically move to the new employer (the transferee), retaining their existing terms and conditions of employment, continuity of service and most rights.
Employers must also provide employee liability information to the incoming employer at least 28 days before the transfer. Failure to comply can lead to legal claims and financial penalties.
TUPE in insolvency and administration
Even in cases of insolvency, administration, or liquidation, TUPE may still apply—though with certain flexibilities designed to support business rescue. Employers are still expected to act in good faith and consult with employees.
Modern considerations: The right to disconnect
While not yet a statutory right in the UK, the right to disconnect, the ability for employees to disengage from work communications outside of working hours, is gaining traction. During TUPE transfers, especially involving hybrid or international teams, it’s important to consider how such rights are preserved or introduced to support employee wellbeing and work-life balance.
Our TUPE support services
Our HR consultancy provides end-to-end support to ensure your merger or transfer process is compliant, efficient and sensitive to the needs of your workforce. Here’s how we help:
Due diligence and risk assessment
Before the transfer takes place, we work with you to:
- Identify employees who will be affected.
- Review contractual terms and liabilities.
- Flag potential legal or HR risks associated with the transfer.
Employee consultation and communication
TUPE requires both the outgoing (transferor) and incoming (transferee) employers to inform and consult with affected employees or their representatives. We support this process by:
- Drafting clear and legally compliant communications.
- Guiding you through the consultation process.
- Ensuring timelines are met to avoid breaches.
Contract and policy (post-transfer)
While TUPE preserves existing employment terms, differences in HR policies and procedures can create challenges post-transfer. We help by:
- Conducting a post-transfer HR audit.
- Advising on policy integration while respecting TUPE restrictions.
Change management and cultural integration
Successful transfers are not just about compliance – they’re about people. We help manage the softer side of the transition, including:
- Managing employee morale and retention.
- Training line managers to lead through change.
- Facilitating cultural alignment between merging organisations.
Ongoing HR support
From handling individual employee concerns to advising on restructuring or redundancies (where legally permissible post-transfer), we remain your trusted HR partner throughout the transition and beyond.
Why choose us?
Our team combines deep expertise in UK employment law with practical, people-first HR strategies. We act as an extension of your team – not only ensuring legal compliance but also preserving employee engagement, supporting leadership and building a solid foundation for future success.
Get in touch
If you’re preparing for a business transfer or merger, early HR involvement is key. Contact us today for a confidential consultation and find out how we can make your transition smoother, safer and more successful.
