Transfers within public administration

A reorganisation within a public administration or the transfer of administrative functions between public bodies is not a relevant transfer for the purposes of TUPE. This means that most 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, intra-governmental transfers are covered by the Cabinet Office’s Statement of Practice: Staff transfers in the Public Sector (COSOP).

COSOP promises “TUPE equivalent” treatment for staff involved in these transfers. COSOP was considered by the Courts in Law Society v Secretary of State for Justice and Office for Legal Complaints [2010] EWHC352. The Court said that COSOP is a statement of policy rather than a piece of legislation, and that as such, ministers are not bound to apply it. However, the Court also indicated that a failure by ministers or public sector employers to take COSOP into account in future transfers could lead to judicial review.