What is TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations, a key part of UK employment law designed to protect employees when the business or service they work for changes hands. The main aim of TUPE is to ensure that employees are not left vulnerable or disadvantaged if their job moves to a new employer as a result of a business sale, merger, or outsourcing arrangement.
Under TUPE, your existing terms and conditions of employment – such as your pay, holiday entitlement, and length of service – are generally preserved when your job transfers to a new employer. This means that, in most cases, you should continue working under the same contract, with the same rights and protections, as before the transfer.
TUPE applies in two main situations:
- Business transfers: When a business, or part of a business, is sold or merges with another company, the employees assigned to that business usually transfer automatically to the new employer.
- Service provision changes: TUPE can also apply when a service (such as cleaning, catering, or security) is outsourced, brought back in-house, or moved from one contractor to another. In these cases, the employees involved in providing the service may transfer to the new provider.
The legal foundation for TUPE is set out in the Transfer of Undertakings (Protection of Employment) Regulations 2006, which outlines the specific rights and responsibilities of both employers and employees during a transfer. These regulations are designed to implement European law into the UK and have been updated over time to reflect changes in employment practices.
If you find yourself facing a TUPE transfer, it’s important to understand how your rights are protected and what steps you can take. For more information on what happens if your job is transferred to a new employer, you may find our guide on UK Workers: How to Request Your Employment Contract helpful, as it explains how to clarify your terms and conditions during a transfer.
Knowing your rights under TUPE can help you feel more secure during periods of change and ensure you receive fair treatment throughout the process.
Your Rights Under TUPE
Your Rights Under TUPE
When your job is transferred to a new employer, the Transfer of Undertakings (Protection of Employment) Regulations – commonly known as TUPE – are designed to protect your employment rights. Understanding what TUPE means in practice can help you feel more secure during times of change at work.
Your Contract Terms and Conditions Transfer
Under TUPE, your existing contract of employment moves with you to the new employer. This includes all the terms and conditions you had with your previous employer, such as your job title, working hours, place of work, and notice periods. The new employer cannot simply change these terms because of the transfer. If you want to learn more about what your employment contract should contain, see What Happens If Your Job is Transferred to a New Employer?
Protection of Pay, Holiday Entitlement, and Benefits
Your pay, holiday entitlement, and other contractual benefits are protected by TUPE. This means your new employer must honour your existing salary, annual leave, pension rights (in most cases), and any other benefits specified in your contract. For example, if you had a company car or private healthcare as part of your previous employment, these benefits should continue after the transfer unless there is a valid economic, technical, or organisational (ETO) reason for change.
Length of Service and Continuity
One of the key protections under TUPE is that your length of service is preserved. This means you do not lose any years of service, which is important for things like redundancy pay, notice periods, and other statutory rights. Your employment is treated as continuous, as if you had always worked for the new employer.
New Employer’s Responsibilities
Once the transfer takes place, your new employer takes on all existing employment rights and responsibilities. This includes any outstanding grievances, disciplinary actions, or claims you may have had with your previous employer. If there are collective agreements in place (such as those negotiated by a trade union), these also transfer to the new employer.
What This Means for You
In practical terms, TUPE aims to ensure that your day-to-day working life remains as unchanged as possible after a transfer. You should not be dismissed or have your terms and conditions worsened simply because your job has moved to a new employer. If changes are proposed, your new employer must consult with you (or your representatives) and have a valid reason unrelated to the transfer itself.
If you have concerns about how TUPE applies to your situation, or if your new employer is trying to change your terms without proper consultation, it’s important to seek advice. The ACAS Guidance on TUPE offers clear and official information on your rights, what counts as a TUPE transfer, and what both employers and employees need to do.
By understanding your rights under TUPE, you can better protect yourself during periods of change and ensure your employment terms are respected.
What Changes Can the New Employer Make?
When your job transfers to a new employer under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006), the general rule is clear: your existing terms and conditions of employment – such as pay, holiday entitlement, and working hours – must be protected. The new employer cannot simply change these terms because of the transfer itself. This protection is designed to give you stability and reassurance during what can often be a period of uncertainty.
When Can Changes Be Made?
There are, however, some limited exceptions. Changes to your terms and conditions may be allowed if they are for what’s known as “economic, technical or organisational” (ETO) reasons that require changes in the workforce. This might include situations such as:
- Economic reasons: The new employer needs to make changes due to financial pressures, such as a downturn in business.
- Technical reasons: The introduction of new technology or processes that affect how work is done.
- Organisational reasons: Restructuring the business, which could involve changes to job roles or reporting lines.
For a change to be lawful, it must be genuinely necessary for one of these ETO reasons and must involve a change in the workforce, such as redundancies or reorganisation of roles.
Examples of Allowed and Not Allowed Changes
Permitted changes:
If your new employer can show a valid ETO reason, they might be able to:
- Change your place of work if the business is relocating for economic reasons and this affects the workforce.
- Adjust job roles as part of a wider reorganisation, provided there is a genuine organisational need.
Not allowed:
Your new employer cannot:
- Reduce your pay, cut your holiday entitlement, or worsen your terms and conditions simply because the business has changed hands.
- Use the transfer as an excuse to make changes that would not otherwise be justified.
If changes are made without a valid ETO reason, or if they are directly because of the transfer, they are likely to be void and unenforceable.
The Importance of Consultation and Agreement
Before making any changes, your new employer must consult with you or your representatives. This consultation is a legal requirement and gives you a chance to understand and discuss any proposed changes. For more in-depth information on this process, you can read the Guidance on consultation during TUPE transfers.
It’s also important to remember that, in most cases, any changes to your contract should be agreed with you. If you’re unsure about your rights or what your contract says, you may find it helpful to review UK Workers: How to Request Your Employment Contract.
Understanding your rights under TUPE can help you feel more confident and prepared if your job is transferring to a new employer. If you have concerns about changes to your terms and conditions, it’s a good idea to seek advice or speak to your employee representative.
What Happens If Your Job is Transferred?
When your job is transferred to a new employer under the TUPE (Transfer of Undertakings (Protection of Employment)) regulations, you have important rights designed to protect your employment. Here’s what you can expect and the steps involved:
How You Should Be Informed About the Transfer
Your current employer is legally required to inform you, or your employee representatives, about the transfer well in advance. This includes details such as:
- The fact that a transfer is happening, and when it is expected to take place
- The reasons for the transfer
- Any legal, economic, or social implications for you as an employee
- Whether there will be any changes to your working conditions
Usually, this information is given in writing. If your workplace has a recognised trade union or employee representatives, your employer will consult with them. In smaller workplaces without such representatives, you may be informed directly.
Your Rights to Be Consulted and Informed
Before the transfer, both your current and new employers must consult with employee representatives about any planned changes ("measures") that could affect you. This could include changes to working hours, job roles, or workplace policies. The consultation should be meaningful and take place long enough before the transfer for your views to be considered.
If you have questions about your employment contract or want to review your terms, you can learn more about your rights in the section on UK Workers: How to Request Your Employment Contract.
What to Expect on the Transfer Day
On the day of the transfer, your employment will automatically move to the new employer. Your existing terms and conditions – including your pay, holiday entitlement, and length of service – remain protected. You should not have to sign a new contract unless you agree to changes, and your continuity of employment is preserved.
The new employer steps into the shoes of your old employer, taking on all rights and obligations under your contract. This means you should continue to work as normal, with no break in service.
Your Options If You Disagree With the Transfer or Changes
If you do not want to work for the new employer, you have the right to object to the transfer. If you object, your employment will end on the transfer date, but you will not be entitled to redundancy pay or to claim unfair dismissal. However, if the new employer tries to change your terms and conditions in a way that is not permitted under TUPE, you may have grounds to claim for unfair dismissal or breach of contract.
If you are concerned about proposed changes or feel your rights are not being respected, it is a good idea to seek advice from your union, an employment adviser, or a legal professional.
For more detailed guidance on your rights and what to expect when your job is transferred, visit If Your Job is Transferred to a New Employer. This will help you understand the wider context and ensure you are fully informed about your protections under TUPE.
What to Do If You Think Your Rights Are Being Breached
If you believe your rights under TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006) are not being upheld, it’s important to take action quickly. Understanding the signs of a breach, knowing how to raise concerns, and being aware of your options can help protect your employment rights.
Signs Your TUPE Rights Might Not Be Respected
Some common signs that your TUPE rights may not be respected include:
- Changes to your terms and conditions: Your new employer tries to reduce your pay, change your working hours, or alter your holiday entitlement without your agreement.
- Loss of continuity of employment: You are told your previous service does not count, affecting redundancy pay or other benefits.
- Unfair dismissal: You are dismissed, or threatened with dismissal, because of the transfer itself or a reason connected to it that is not legally valid.
- Lack of consultation: Your employer fails to inform or consult you (or your representatives) about the transfer and any planned changes.
If you experience any of these, your rights under TUPE may have been breached.
How to Raise Concerns with Your Employer
Start by raising your concerns informally with your line manager or HR department. Explain which rights you believe have been breached and provide any evidence you have. Sometimes, misunderstandings can be resolved at this stage without the need for further action.
If the issue is not resolved, submit a written grievance following your employer’s grievance procedure. Keep a record of all correspondence and responses.
Seeking Advice and Support
You don’t have to face these issues alone. Consider getting help from:
- Trade unions: If you are a member, your union can offer advice, support, and representation.
- Legal advisors: Employment law specialists can clarify your rights and help you decide on the best course of action.
- ACAS (Advisory, Conciliation and Arbitration Service): ACAS provides free, impartial advice on workplace rights and disputes. They can help you understand your options and support you in resolving issues.
If you need to make a formal complaint about how your TUPE rights have been handled, you can use the Form to raise a complaint with ACAS.
What to Do If Disputes Arise
If discussions with your employer do not resolve the issue, you may need to take further steps. Before you can make a claim to an employment tribunal, you must inform ACAS and consider using their ACAS Early Conciliation Service. Early conciliation is a free, confidential process designed to help you and your employer reach an agreement without going to tribunal.
If early conciliation does not resolve the dispute, you can proceed to make a claim to an employment tribunal. Be aware that strict time limits apply – usually three months less one day from the date of the alleged breach.
For more information on what to do if your payment rights are affected, see What To Do If Your Payment Rights Are Violated.
The Importance of Acting Promptly
Acting quickly is crucial. Legal time limits for raising grievances, starting conciliation, and making tribunal claims are very short – often just a few months from the date of the breach. Delaying could mean you lose your right to take action.
If you think your TUPE rights are being breached, seek advice and support as soon as possible to protect your interests and ensure your rights are respected.
Summary and Key Takeaways
When your job is transferred to a new employer, the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) are designed to safeguard your rights at work. Here’s what you need to know:
TUPE protects your employment terms
Under TUPE, your existing contract – including your pay, working hours, holiday entitlement, and other benefits – moves with you to the new employer. This means you should not lose out on your current terms and conditions simply because your job has changed hands. For example, if you receive extra holiday days or specific allowances, these should continue under your new employer.
Changes to your contract are restricted
Your new employer cannot change your contract just because of the transfer. Any changes to your pay, benefits, or working conditions must be for a valid economic, technical, or organisational reason, and you must agree to them. For instance, changes could be justified if your new employer needs to restructure for genuine business reasons, but they cannot simply reduce your benefits because of the transfer itself.
You must be informed and consulted
By law, you have the right to be told about the transfer and how it might affect you. Your current or new employer should consult with you or your representatives (such as a trade union) before the transfer takes place. This process gives you an opportunity to ask questions and understand how your role may change.
Know your rights and where to get help
Understanding TUPE can help you protect your employment rights if your job is transferred. If you believe your rights have not been respected, or if you’re unsure about the details of your contract, you can take steps to clarify your position. For guidance on what to expect if your job moves to a new employer, or if you need to check your contract details, see What Happens If Your Job is Transferred to a New Employer?.
In summary, TUPE is there to ensure you are treated fairly during a business transfer. Your contract and conditions should remain intact unless changes are properly agreed, and you must be kept informed throughout the process. If you have concerns or need further advice, don’t hesitate to seek help to protect your rights.
