Stage 1: Before committing• Consider informing employees (this is not a

legal requirement at this stage)• Consider whether a bid or rebid for a contract

or services should be made

Stage 2: Prepare for the transfer• Identify who will transfer• Inform individuals about the transfer• Provide employee liability information to

incoming employer

Stage 3: The transfer• Inform any remaining staff about the transfer• Ensure remaining staff are managed and clear

about their duties

Stage 4: After the transfer• If required, consult with employees regarding

any potential redundancies• Regularly communicate with employees• Address any concerns to avoid impact on

performance/quality of work

Stage 1: Before committing• Weigh up the pros and cons of committing

to a transfer/service provision• Prepare a TUPE Process plan

Stage 2: Prepare for the transfer• Identify who will transfer• Inform individuals about the transfer• Request employee liability information from

outgoing employer

Stage 3: The transfer• Inform all affected employees about the

transfer• Ensure all employees are managed, settled

and clear about their duties

Stage 4: After the transfer• If required, consult with employees

regarding any potential redundancies• Regularly communicate with employees• Review the effectiveness of current working

practices

Incoming Employer

What is TUPE?TUPE refers to the Transfer of Undertaking (Protection of employment) regulations 2006. This applies to organisations of all sizes and protects employees’ rights when the organisation or service they work for transfers to a new employer.

When does TUPE apply?If a business or part of a business moves to a new owner or merges with another business to make a brand new employer. TUPE also applies where activities and/or services are outsourced or brought back in-house.

TUPE and Pensions

Occupational pensions do not transfer under TUPE, but if the transferred employees were members of an occupational pension scheme, the incoming employer must offer them a pension which is comparable.

However, where the outgoing employer pays in to a personal pension plan this is not considered an occupational pension scheme but the agreement to continue to pay in to the scheme WILL transfer

Which employment rights transfer?

The following rights and obligations, powers and liabilities transfer with the employee to the incoming employer:

• Contracts of employment • Continuity of service• Accrued entitlements• Liability for the outgoing employers’ acts

and omissions Employers’ contractual provisions

• collective agreements• Union recognition – with conditions• Pensions based on special rules, see below

Outgoing Employer

EML is a major provider of human resources,employment law and health & safety services

across the UK. For further details visit: www.employeemanagement.co.uk