The Transfer of Undertakings (Protection of Employment) Regulations 2006 (known as TUPE – pronounced two pea) sets out the processes which must be followed when organisations are transferred. It applies to businesses based in the UK and protects employees, and in some circumstances workers.
TUPE sets out the duties of both the old and new employers, as well as the information you are entitled to. The protections apply if the organisation, or part of the organisation, you work for:
is sold to a new owner
is merged with another organisation
brings in a contractor who takes over employee activities (out-sourcing)
replaces an existing contractor with a new contractor
is a contractor, and a client takes over activities (often called in-sourcing)
You may also be affected by TUPE if you aren’t being transferred, but other employees are transferred to a new employer or into the company you work for.
If you aren’t sure whether you are protected by TUPE, get in touch