It's important to understand what happens before, during and after a TUPE transfer, as well as how your employer should inform and consult you. Before the transfer happens There must be a change in the entity (either an individual or a company) responsible for managing the business. TUPE applies to all organisations, regardless of the size of their workforce, turnover, profits and so on, if the part of the business that is being transferred is UK-based. For example, an international business which has its Head Office in New York, will have to comply with TUPE in respect of its employees who work at one of its UK-based factories if it transfers that factory to a new owner. When dealing with employees who are in scope to transfer under TUPE and who may have rights under an occupational scheme, employers should: If you decide you do not want to transfer, you’ll need to tell your current employer in writing. They will treat this as if you’re resigning and they’ll need to inform the new employer that you will not transfer.

The incoming employer will inform and consult on any planned measures towards the employees after the transfer, considering any implications of the employees’ terms and conditions of employment including pensions. Examples of business transfers include mergers, sales of a business by sale of assets, a change of a franchisee, and a sole trader’s business or partnership being sold or transferred. Other examples include the transfer of a lease (such as a hotel), a management buyout or an intra-group transfer. Service provision changes The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) is a law designed to protect the rights of employees when a business transfers from one owner to another. The TUPE regulations protect you from being dismissed because of a business transfer and give you the right to be informed and consulted before the transfer goes ahead.To find out if TUPE applies to your transfer, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or, if you’re an employee, your trade union representative. When TUPE applies

Your length of service ('period of continuous employment') with your old employer will also transfer to the new employer. This means your start date is the same as it was before the transfer. Your terms and conditions of employment when the service carried out is for a single event or for a task of short term duration. What should employers do? If the pension rights are not old age, invalidity or survivors’ schemes, some pension obligations do transfer to the new employer. In public sector service provision situations, specific government guidance and other rules may apply as well. Consultation The employee liability information provided at least 28 days prior to the transfer of staff to the new, incoming employer may need to include workers as well as employees. If the employer of any affected employee envisages taking measures in respect of that affected employee, they must consult with the representatives of that employee with a view to reaching agreement with the affected employee in respect of the intended measures.a Public Private Partnership (PPP) – public sector organisations and private sector companies work together; Changes to the transferring employees’ contracts of employment can be made if (a) there is an ETO reason for the change which relates to the workforce or the workplace and (b) the employee consents to the change.

Transfers of assets only (for example, the sale of equipment alone is not covered, but the sale of a going concern including equipment would be). If you are employed by a large company which decides to use an outside company to organise the work, your job and employment terms and conditions could be protected under TUPE except when the contract is:

Employers with at least 50 employees must engage in this process and consult with employees’ union or, if no union exists, with chosen employee representatives.