How much could your business save?Find out now!
Or, you can call us on:0800 411 8830

Tupe regulations: an SME guide to Tupe transfers

Companies selling their business or outsourcing services can come unstuck under Tupe. Our guide should help you stay on the right side of the law.


What is Tupe?

Tupe is the Transfer of Undertakings (Protection of Employment) Regulations 2006. Protecting employees where their work transfers from one entity to another, it applies:

  • where a business is sold; and
  • where there is a ‘service provision change’ with an activity being outsourced; moved from one contractor to another; or brought back in-house.

The employment of individuals engaged by the seller or the client (the Transferor), and who are ‘assigned’ to the relevant activity, will transfer to the buyer or the new contractor (the Transferee).

Tupe law

Jemma O’Reilly, principal associate at Wragge Lawrence Graham & Co LLP, outlines the key dos and don’ts.

  • Do think about it early. Scope out whether TUPE might apply, identify the employees who will be affected by it and consider what implications the transfer might have for them.
  • Do comply with the duties to inform and consult with employee representatives or risk significant penalties.
  • Do remember to provide employee information to the transferee if you are a transferor.
  • Don’t make plans to dismiss employees or change their terms and conditions of employment (including relocating them) without careful thought. TUPE provides employees with enhanced protection here.
  • Do decide what risk and liability you are prepared to accept and agree appropriate contractual provision for it. Most liabilities and obligations related to the employees automatically transfer to the transferee and so the transferee will need to obtain protection from the transferor covering matters arising before the transfer.
  • In a service provision change situation, don’t forget to think about what will happen when the services agreement terminates and do make appropriate contractual provision for it.

For more guidance please see:


Related Articles

could a cyber attack bring down the energy grid?

Could a cyber attack bring down the energy grid?

On Friday October 21st, people tried to log on to Twitter. The site was down. Cyber hackers had crashed the wo...

Read More
in depth: how long would electricity last in a zombie apocalypse?

In Depth: Electricity in a zombie apocalpyse

This is a companion piece to our Zombie Apocalypse Infographic, where we investigate how long energy will last...

Read More

How long would electricity last in a zombie apocalypse? [Infographic]

Ever wondered how long electricity would last if The Walking Dead became a reality? This infographic has the a...

Read More
Excellent, 9.4 / 10

Competent and courteous service.

"Marie was knowledgeable and helpful. I feel able to recommend the service given without reservation. David Slesenger"

This review was posted by David Slesenger on the 16th of August 2016

Good service

"Nadia was very helpful"

This review was posted by Robin on the 16th of August 2016

Excellent Customer Service *****

"Jonathan Burgess is an asset to Switch My Business. He made me feel at ease and was more than helpful at all times. He made regular contact and guided me through the whole process which made switching a breeze. I just wish there were more customer service advisers like Jonathon whose friendly and happy demeanour make your day a much nicer one. Well done Switch my business and more importantly thank you Jonathon for all your hard work! Maria Owen Lodgecrest"

This review was posted by Maria Owen on the 17th of August 2016


"I totally agree with a customer maria owen,Jonathan Burgess was such a pleasure dealing with and is truly a asset to the company, he made it very easy to switch my electricity companies, Jonathan Burgess was very helpful, easy to talk to it was like talking to a friend not just a customer adviser. I would definitely recommend switchmybusiness and try get hold off Jonathan Burgess if possible and have the same excellent service as I did. Rajan Shanan"

This review was posted by Rajan Shanan on the 19th of August 2016

Excellent and very helpful

"Arron who dealt with my switch of energy and gas has been a huge help and extremely efficienct and easy to deal with. Despite British Gas throwing obstacles in the way at every turn he has doggedly stuck to his task and saved the day. Thanks Arron."

This review was posted by Rod Pryce-Jones on the 19th of August 2016