When does TUPE apply?

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.