The Transfer of Undertakings (Protection of Employment) Regulations 2006

Overview

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (commonly referred to as TUPE) are designed to safeguard employees’ rights when the business or undertaking they work for transfers to a new employer. These regulations implement the EU Acquired Rights Directive and aim to ensure that employees are not disadvantaged by business transfers or service provision changes.

TUPE applies when:

• A business or part of a business is transferred from one employer to another.
• A service provision change takes place (e.g., outsourcing, insourcing, or re-tendering of services).

Under TUPE, employees automatically transfer to the new employer with their existing terms and conditions intact. It protects continuity of employment and provides restrictions on dismissal or changes to employment terms directly connected with the transfer.

Benefits of compliance:

• Maintains business continuity and reduces employment disputes.
• Protects staff morale during organisational changes.
• Demonstrates legal and ethical adherence to employee rights.
• Reduces risk of tribunal claims and financial penalties.
• Builds reputation as a fair and responsible employer.