Transfer of Undertakings (Protection of Employment)
(TUPE)
TUPE regulations protect employees' rights when a business or part of a business is transferred to a new employer, or when a service is outsourced, brought back in-house, or transferred to a different contractor. Employees automatically transfer to the new employer on their existing terms and conditions, and continuity of employment is preserved. Dismissals connected to a TUPE transfer may be automatically unfair.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees' rights when a business (or part of one) transfers to a new employer, or when a service contract changes hands. Employees automatically transfer to the new employer on their existing terms and conditions; continuity of employment is preserved. The new employer cannot change terms and conditions to their detriment simply because of the transfer. Affected employees must be informed (and, if 10 or more are affected, consulted) by both old and new employers before the transfer. Dismissals connected to the transfer are automatically unfair unless an ETO (economic, technical, or organisational) reason entailing a change in the workforce applies. TUPE claims are brought in the Employment Tribunal; there is no minimum service requirement to claim automatically unfair dismissal under TUPE.