TUPE: Your Rights When Your Employer Changes

TUPE protects employees where a qualifying business or service-provision transfer takes place. Generally employment, contractual terms and continuous service transfer to the new employer, subject to exceptions (including some occupational pension rights). Whether TUPE applies to a particular sale or outsourcing arrangement depends on the facts. See Acas TUPE guidance; Northern Ireland rules and advice routes may differ.

When TUPE Applies

TUPE covers two situations: business transfers, where a business or part of one is sold and keeps its identity; and service provision changes, where a service such as cleaning, IT or catering is outsourced, moved between contractors, or insourced.

What TUPE Protects

• Your contract transfers as-is — salary, holiday and hours stay the same
• Your continuous service is preserved for redundancy and unfair dismissal rights
• Dismissal for the transfer itself may be automatically unfair where no valid ETO reason applies; claim eligibility depends on the facts
• Contract changes made because of the transfer are void
• Affected employees must be informed; consultation is needed if measures are envisaged. Failure can mean up to 13 weeks' uncapped gross pay per affected employee

TUPE Guides and Tools

• Am I covered by TUPE? — free eligibility checker
• Redundancy during a TUPE transfer
• Your TUPE consultation rights
• Can I refuse to transfer?
• TUPE FAQs — 10 questions answered