LRD guides and handbook February 2024

Case Law at Work 20th Edition

Chapter 8

8. Transfers and service provision changes (TUPE)

[page 91]

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.