TUPE Support for Employers
TUPE can be complex, time-sensitive and difficult to manage without the right support.
Whether employees are transferring into your business, out of your business or between service providers, it is important to understand your responsibilities and follow the right process.
THSP provides practical TUPE support for employers, helping you manage transfers clearly, compliantly and with confidence.
Practical TUPE advice for business transfers and service changes
TUPE can apply in different situations, including business sales, outsourcing, insourcing and changes to service providers.
THSP helps you understand whether TUPE may apply, what steps are needed and how to manage employee communication and consultation.
We can support with:
- TUPE planning
- Due diligence support
- Employee liability information
- Consultation requirements
- Employee communications
- Measures letters
- Transfer documentation
- Contract and policy considerations
- Post-transfer HR support
- Employment law advice throughout the process
Support before, during and after the transfer
A successful TUPE process needs clear planning and careful communication.
THSP can support you before the transfer, during consultation and after employees have moved.
This helps reduce confusion, manage risk and support a smoother transition for both the business and the employees affected.
TUPE consultation and communication
Employee communication is a key part of the TUPE process.
THSP helps you understand what needs to be communicated, when consultation may be required and how to keep employees informed in a clear and appropriate way.
We can also help prepare letters, FAQs and manager guidance.
Managing TUPE risk
TUPE can create risks around contracts, terms and conditions, employee objections, dismissals and changes after transfer.
THSP helps you identify potential risks early and make informed decisions.
Our advice is practical, commercial and focused on helping you protect your business while handling the process properly.
Joined-up HR and employment law support
TUPE often involves more than one issue. It can affect contracts, policies, staffing structures, employee relations and future workforce planning.
THSP brings HR and employment law support together, helping you manage the process in a joined-up way from start to finish.
Speak to THSP about TUPE support
If you are planning a business transfer, contract change or service provider change, get TUPE advice early.
Frequently Asked Questions About TUPE Support
What are the employer’s obligations under TUPE?
Both the transferring and receiving employer have duties under TUPE. The outgoing employer must provide employee liability information to the incoming employer at least 28 days before the transfer. Both employers must inform affected employees of the transfer and, where measures are envisaged that will affect employees, must consult with appropriate representatives. Failure to comply with information and consultation obligations can result in compensation awards of up to 13 weeks’ pay per affected employee.
How do I know if TUPE applies to my situation?
Whether TUPE applies depends on the specific circumstances of the transaction or service change. Not every business sale or contract change will trigger TUPE and getting this wrong in either direction carries risk. THSP can help you assess whether TUPE is likely to apply to your situation and advise on the steps needed if it does. Getting advice early is important, as TUPE obligations begin well before the transfer date.
What is employee liability information and why does it matter?
Employee liability information is a set of details about transferring employees that the outgoing employer must provide to the incoming employer at least 28 days before the transfer. It covers information such as employee identity, employment terms, disciplinary and grievance records and any legal actions brought in the previous two years. Receiving accurate employee liability information is important for the incoming employer to understand what obligations they are taking on and to plan accordingly.
Can employers change terms and conditions after a TUPE transfer?
Generally no. One of the core protections under TUPE is that employees transfer on their existing terms and conditions and those terms are protected. Changes to terms that are connected to the transfer are likely to be void, even if the employee agrees to them. There are limited circumstances in which changes may be permitted, such as an economic, technical or organisational reason entailing changes in the workforce, but these are narrowly defined. THSP can advise on what is and is not permissible in your specific situation.
What happens if an employee objects to a TUPE transfer?
An employee has the right to object to transferring to the new employer. If they do, their employment terminates automatically and they are not treated as having been dismissed, which means they will not normally be entitled to redundancy pay. However, if the transfer involves a substantial change to their working conditions to their material detriment, the employee may be able to treat themselves as constructively dismissed. THSP can help you understand the implications of employee objections and how to manage them correctly.
What TUPE documentation does an employer need to produce?
The documentation required typically includes a measures letter informing employees of the transfer and any proposed changes, consultation records, employee liability information, updated contracts or contract variation letters where applicable and supporting communications such as FAQs and manager guidance. THSP can help prepare all of the documentation needed at each stage of the process, ensuring it is clear, appropriate and legally sound.
How early should we seek TUPE advice?
As early as possible. TUPE obligations begin before the transfer date and leaving insufficient time to complete the information and consultation process correctly is one of the most common sources of legal risk. THSP recommends seeking advice as soon as a transfer, business sale or service change is being considered, so the process can be planned properly and the right steps taken in the right order.