TUPE - a union rep’s guide to using the law (November 2017)

Chapter 1

When does TUPE apply?

[ch 1: page 7]

TUPE applies on a relevant transfer from one employer (the “transferor”) to another (the “transferee”). “Relevant transfer” is defined in Regulation 3 of TUPE (see Chapter 2). Briefly, there will be a TUPE transfer if an identifiable business or part of a business changes hands, or a particular service is contracted out, given to a different contractor or brought back in-house. The more closely the new business or service resembles the old, the more likely TUPE is to apply.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.