Case Law at Work 2025 21st Edition (February 2025)

Chapter 9

9. Transfers and service provision changes (TUPE)

[page 83]

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees if their employer changes hands. It applies when services are outsourced (and insourced) as well as when a business is sold.

TUPE is intended to safeguard the jobs and rights of employees when the identity of their employer changes as a result of a transfer. It operates automatically so that the new employer automatically takes on transferring employees and must honour their existing contractual terms and conditions, with the exception of pensions.


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