TUPE Transfer Support
Whether you are buying a business, winning a contract, losing a contract, or bringing a service in-house, TUPE is one of the most complex areas of employment law. We manage the entire process so you stay compliant and your people are properly protected.
What Is TUPE and Why Does It Matter?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended in 2014. These regulations protect employees when the business they work for, or the service they are part of, transfers to a new employer. Under TUPE, employees transfer automatically to the new employer on their existing terms and conditions. They cannot be dismissed simply because of the transfer, and their continuity of employment is preserved. The regulations apply in two situations: a business transfer (where a business or part of a business changes owner) and a service provision change (where a contract for services is outsourced, brought in-house, or moves from one contractor to another).
TUPE catches many employers off guard. If you are taking on a cleaning contract, buying a small business, outsourcing your IT support, or even restructuring internally in a way that moves an organised grouping of employees from one entity to another, TUPE may apply. The consequences of getting it wrong are serious. Dismissals connected to the transfer are automatically unfair unless there is a genuine Economic, Technical or Organisational (ETO) reason. Failure to inform and consult affected employees can result in a protective award of up to 13 weeks' uncapped pay per employee. And inheriting unknown liabilities from the outgoing employer, such as outstanding tribunal claims, unpaid wages, or discriminatory terms, can be costly if you have not done proper due diligence.
At Rebox HR, TUPE transfers are one of our core areas of expertise. We support employers on both sides of the transfer, whether you are the incoming employer (transferee) taking on staff, or the outgoing employer (transferor) who is transferring employees out. We manage the project from initial assessment through to post-transfer integration, handling the due diligence, Employee Liability Information, consultation process, transfer-day logistics, and ongoing support as the new arrangements settle in. We also train your managers on their obligations so they understand what they can and cannot do during and after a transfer.
What We Cover
Practical, expert support across every aspect of tupe for your business.
Due Diligence
Before any transfer completes, you need to know exactly what you are taking on. We review the transferring workforce in detail: their contracts of employment, salary and benefits, accrued holiday, sick pay entitlements, pension arrangements, any outstanding grievances or disciplinary proceedings, and any existing or potential tribunal claims. For the outgoing employer, we help compile this information accurately. For the incoming employer, we review it critically and flag risks. This due diligence stage is essential because under TUPE, all rights, powers, duties, and liabilities connected to the transferring employees' contracts pass to the new employer automatically.
Employee Liability Information
The outgoing employer is legally required to provide the incoming employer with Employee Liability Information (ELI) for each transferring employee at least 28 days before the transfer. This must include the employee's identity, age, statement of particulars, details of any collective agreements, disciplinary or grievance proceedings in the previous two years, and any legal actions in the previous two years or that the outgoing employer has reasonable grounds to believe may be brought. Failure to provide accurate ELI on time can result in compensation of at least £500 per employee. We prepare and review ELI to make sure it is complete, accurate, and delivered on time.
Consultation Management
Both the outgoing and incoming employer have a duty to inform and consult appropriate representatives of affected employees. This includes telling them that a transfer is happening, when it is expected to take place, the reasons for it, and any measures either employer plans to take in connection with the transfer. If there are recognised trade unions or existing employee representatives, consultation is with them. If not, you may need to arrange an election of employee representatives. We manage the entire consultation process, from drafting the information letters to running the consultation meetings and keeping records of everything discussed.
Measures Planning
If either employer intends to take any measures in connection with the transfer that will affect the transferring employees, those measures must be communicated as part of the consultation process. Measures can include changes to reporting lines, work locations, shift patterns, team structures, or working practices. Even if you do not plan any immediate changes, you must still inform employees of that fact. We help you identify what counts as a measure, plan the timing of any changes, and make sure everything is properly disclosed during consultation so you are not caught out later.
Redundancy and Restructuring
Sometimes a transfer creates genuine redundancy situations, particularly where the incoming employer already has staff doing similar work. Dismissals connected to a TUPE transfer are automatically unfair unless the employer can show there is a genuine Economic, Technical or Organisational (ETO) reason entailing changes in the workforce. We advise on whether an ETO reason exists, manage the redundancy consultation process alongside the TUPE consultation, design fair selection criteria, and ensure the two processes run correctly in parallel. This is one of the areas where employers most commonly get tripped up, because the rules on dismissals during TUPE are stricter than normal redundancy law.
Post-Transfer Integration
The transfer day itself is just the beginning. We support you through the integration period, helping you onboard the transferring employees, set up their payroll, enrol them in your pension scheme (meeting the minimum TUPE pension requirements), issue updated handbooks and policies, and manage the cultural transition into their new employer. We also advise on contract harmonisation, which is heavily restricted under TUPE. Changes to terms and conditions that are because of the transfer are void, even if the employee agrees to them, unless an ETO reason applies. We help you understand what you can change, when, and how.
How We Help
A clear, structured approach from start to finish.
Assessment
You contact us with the details of the transfer. We assess whether TUPE applies, identify which employees are in scope, review the timeline, and create a project plan covering due diligence, ELI, consultation, and transfer logistics. We assign a dedicated consultant to manage the project and act as your single point of contact throughout. This initial consultation is free.
Preparation and Consultation
We carry out (or review) the due diligence on the transferring workforce, prepare or check the Employee Liability Information, and manage the information and consultation process with employee representatives. We draft all the letters, run the consultation meetings, record the discussions, and handle any questions or concerns from affected employees. If redundancies or other measures are planned, we manage those processes alongside the TUPE consultation.
Transfer and Integration
We oversee the transfer day, ensuring employment records, contracts, and payroll information are properly handed over. We then support the integration of transferring employees into your business, including onboarding, pension enrolment, policy distribution, and manager briefings. We remain available for questions and issues that arise in the weeks and months after the transfer, because this is when many of the practical challenges surface.
Frequently Asked Questions
When does TUPE apply?
TUPE applies in two situations. The first is a business transfer, which is where a business or part of a business (an economic entity that retains its identity) transfers to a new owner. This covers acquisitions, mergers, and some internal restructures. The second is a service provision change, which is where activities carried out by one person on behalf of a client are taken over by another person. This covers outsourcing (a client gives a contract to a contractor), insourcing (a client brings a contracted service back in-house), and re-tendering (a contract moves from one contractor to another). If you are unsure whether TUPE applies to your situation, we can assess the circumstances and advise you.
What transfers to the new employer under TUPE?
Almost everything. All rights, powers, duties, and liabilities under or in connection with the transferring employees' contracts of employment transfer automatically to the new employer. This includes salary, benefits, accrued holiday, length of service, contractual notice periods, and any other contractual terms. It also includes liabilities such as outstanding tribunal claims, personal injury claims, and any breaches of contract by the previous employer. The only major exception is occupational pension rights (old age, invalidity, and survivors' benefits), although the new employer must provide a minimum level of pension provision under the Pensions Act 2004.
Can I change employees' terms and conditions after a TUPE transfer?
This is one of the most misunderstood areas of TUPE. Any variation to an employee's contract that is because of the transfer is void, even if the employee consents to the change. This restriction applies indefinitely, not just for a set period after the transfer. However, changes are permitted if there is a genuine Economic, Technical or Organisational (ETO) reason entailing changes in the workforce, or if the reason for the change is unrelated to the transfer (for example, a change that would have happened regardless). We advise on which changes are permissible and help you plan harmonisation over time where needed.
What is Employee Liability Information and when must it be provided?
Employee Liability Information (ELI) is the data that the outgoing employer must provide to the incoming employer about each transferring employee. It must include the employee's identity, age, information from their statement of employment particulars (under section 1 of the Employment Rights Act 1996), details of any collective agreements, any disciplinary or grievance proceedings in the previous two years, and any legal actions brought in the previous two years or that the outgoing employer reasonably believes may be brought. ELI must be provided at least 28 days before the transfer. Failure to provide accurate, complete ELI on time can result in a minimum award of £500 per affected employee at tribunal.
What happens if I do not consult with employees?
Both the outgoing and incoming employer have a duty to inform and consult appropriate representatives of affected employees about the transfer. If either employer fails to meet this obligation, the other employer or the employee representatives can bring a claim to an employment tribunal. The tribunal can award a protective award of up to 13 weeks' actual pay (uncapped) per affected employee. This is per employee, not a total, so for a transfer involving 50 employees the potential liability could be very significant. We manage the consultation process to ensure you meet every requirement and can evidence that you did so.
Can I make transferring employees redundant?
You can, but the rules are strict. If you dismiss an employee and the sole or principal reason for the dismissal is the transfer itself, the dismissal is automatically unfair. However, if the reason for the dismissal is an Economic, Technical or Organisational (ETO) reason entailing changes in the workforce, the dismissal can be fair. A genuine redundancy situation where the new employer needs fewer employees to do work of a particular kind can qualify as an ETO reason. But you must still follow a fair redundancy process: proper consultation, objective selection criteria, and consideration of suitable alternative employment. We manage TUPE redundancies alongside the transfer process to ensure both run correctly.
Do you support both incoming and outgoing employers?
Yes. We support employers on both sides of TUPE transfers. For incoming employers (transferees), we focus on due diligence, reviewing ELI, managing your consultation obligations, and onboarding the transferring workforce. For outgoing employers (transferors), we focus on compiling accurate ELI, managing your side of the consultation, and ensuring a clean handover. In some cases we also support the client organisation that is changing its service provider, particularly in outsourcing and re-tendering situations where the client has obligations to facilitate the transfer.
How long does a TUPE transfer take to manage?
The timeline depends on the size and complexity of the transfer. A small transfer involving a handful of employees and no redundancies might be managed in four to six weeks. A larger transfer involving collective consultation, redundancies, or complex due diligence issues could take three to six months. The ELI must be provided at least 28 days before the transfer, and the information and consultation process needs to start early enough for it to be meaningful, not just a tick-box exercise. We create a detailed project plan at the outset so everyone knows the key dates and milestones.
“Rebox helped us with taking our first employees. We didn't know where to start, but they guided us through every step. We wouldn't hesitate to recommend them.”
Related Services
HR Project Support
End-to-end project management for TUPE transfers, restructuring, redundancy programmes, and other complex HR situations.
HR Project Support →Retained HR Support
Ongoing HR support to manage the integration of transferring employees and handle day-to-day people issues after the transfer.
Retained HR Support →Staff Consultation
TUPE transfers require formal employee consultation. We manage the process, draft communications, and ensure you meet your legal obligations.
Staff Consultation →Facing a TUPE Transfer?
Whether you are taking on employees, transferring them out, or just trying to understand your obligations, we can help. Book a free consultation and let us manage the process from start to finish.
Book Your Free ConsultationOr call us directly on 01327 640070