Member tool: CIPD Buddy BETA
Use AI to find answers on this topic with our prototype. Login to explore CIPD Buddy

Essential points

  • TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006.
  • These regulations apply to all businesses in the UK. They do not apply to public sector transfers, but if there is a private sector involved in the public sector change, then TUPE will apply. 
  • TUPE regulations determine how businesses must handle employees when the whole, or part, of a business changes hands.  
  • TUPE applies automatically by law. TUPE applies to a "relevant transfer" which could be either (or both) of the following situations:
    • A business transfer - where the whole or part of a business moves from one employer to another
    • A service provision change - where a change in service provider takes place. For example, when a service provided in-house is awarded out (an outsourcing), where a contract ends (and is given to another business) (a second-generation outsourcing) an/or when a business transfers work in-house (an insourcing).
  • In a TUPE process there are two parties:
    • The transferor - the party who carried out the business activities before the transfer, ie the outgoing employer.
    • The transferee - the party, or parties, responsible for taking on the business requirements after the transfer, ie the incoming employer(s). 

On this page

To continue reading, log in or become a member

Affiliate membership offers instant access to CIPD resources without the need for assessments or study, or explore your options to become a professional member of the CIPD to demonstrate your commitment to the world of work.

  • Access to exclusive, up-to-date resources
  • Become part of a community to learn, debate and connect with other people professionals
  • Free access to a series of CIPD learning courses and a discount on the rest of our catalogue
Instant access Explore membership

Disclaimer 

​Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice. 

Employment
law advice

Want more employment law advice? Members can phone the CIPD legal helpline or take out a discounted subscription to HR-inform for additional resources.

Employment law helpline HR-inform
Callout Image

Are you an
independent consultant?

Explore the member benefits and support available to you.

Find out more
  • Data

    Data hub

    Explore the evidence behind workforce trends

  • Topic

    TUPE resources

    Discover our resources on protecting employees when a business changes ownership.

    • Employment law
  • Employment law

    Tracking UK law changes under the ERB

    Keep up to date with what will change under the Employment Rights Bill, the Equality (Race and Disability) Bill and the plan to Make Work Pay

    For Members
  • Employment law

    Disability discrimination: UK employment law

    CIPD law page on disability discrimination in the workplace. This resource explores legislation and case law in this field to demonstrate how disability discrimination claims are seen in the courts. You can also

    For Members