Transfers within public administration

The transfer or reorganisation of public administrative authorities or their functions is not a relevant transfer under TUPE (regulation 3(5), TUPE). In practice, this means most intra-governmental transfers within central or local government (as opposed to transfers from the public to the private sector and vice versa) are not covered by TUPE. Instead, they are covered by the Cabinet Office’s Statement of Practice: Staff transfers in the Public Sector (COSOP). COSOP promises “TUPE-equivalent” treatment for affected employees and is available on the GOV.UK website.

COSOP applies directly to central government departments and agencies and to the NHS. Other public sector organisations are also expected to follow it. COSOP is supported by the Local Government Association which encourages its application by individual local authorities.

The government has powers under section 38 of the Employment Relations Act 1999 to provide TUPE-like protection to other classes of employee outside the scope of the Acquired Rights Directive. These have led to the Transfer of Undertakings (Protection of Employment) (Rent Officer Service) Regulations 1999 (SI 1999/2511) and the Transfer of Undertakings (Protection of Employment) (Transfer of OFCOM) Regulations 2003 (SI 2003/2715).