These Regulations matter when a business is bought or sold, a service is outsourced, a contract is retendered or work moves between suppliers. The employment liabilities can travel with the business or service, so buyers, sellers and suppliers need to check staff information early.
Main laws
United Kingdom Regulation
Transfer of Undertakings (Protection of Employment) Regulations 2006
TUPE protects employees in many UK business transfers and service provision changes, making it a key law for acquisitions, outsourcing and...
In forceUnited KingdomPlain-English guide4 practical checks
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Quick read
- These Regulations matter when a business is bought or sold, a service is outsourced, a contract is retendered or work moves between suppliers.
- The employment liabilities can travel with the business or service, so buyers, sellers and suppliers need to check staff information early.
Likely relevant if
- Businesses buying or selling a business
- Outsourcing and facilities providers
- Agencies and contractors taking over services
Check first
- Assess whether TUPE applies before transfer
- Handle employee information, consultation and liability allocation
- Review proposed changes to roles, terms or dismissals carefully
What this means in practice
Key points
- TUPE is a deal issue, not just an HR issue.
- Employee liability information should be requested early.
- Post-transfer changes need careful reasons and process.
When this law usually matters
Most businesses do not need to memorise the whole law. The useful starting point is to know when it is likely to affect a contract, customer journey, employee process, data flow or company decision.
Key points
- Businesses buying or selling a business
- Outsourcing and facilities providers
- Agencies and contractors taking over services
- Employers planning restructures after a transfer
What to check first
Sense check
- Assess whether TUPE applies before transfer
- Handle employee information, consultation and liability allocation
- Review proposed changes to roles, terms or dismissals carefully
- Build employment risk into price, warranties and indemnities
Documents and workflows to review
Key points
- Business sale agreement
- Service contract
- Employee liability information
- Consultation plan
- Employment indemnities