TUPE Guide
TUPE protects employees when their work transfers from one organisation to another. This NABS guide explains the process, rights, and common concerns during a TUPE transfer.
Being told you’re “under TUPE” can feel unsettling, especially if it’s the first time you’ve heard the term. If you’re feeling unsure about what this means, you’re not alone.
What TUPE Actually Means
TUPE stands for Transfer of Undertakings (Protection of Employment) Regulations. These rules protect employees when a business, part of a business, or a service moves from one organisation to another.
In our industry, TUPE can come into play when a client account moves to a different agency, when work moves in-house, or when services are outsourced or retendered. If the work you do is transferring, TUPE may apply to you.
TUPE – what to expect
TUPE can be complex, but it’s designed to help protect your employment when work moves from one organisation to another. We’ve put this guide together to break things down step by step, so you can feel clearer on what’s happening and what questions you might want to ask.
TUPE or not TUPE?
In a service provision change (for example, when a client contract moves), TUPE typically applies when:
- The activities carried out before and after the transfer stay the same or very similar.
- There is an “organised grouping of employees” assigned to the transferring work (this can include just one person).
Whether TUPE applies is often fact-specific. It’s not just about the percentage of time spent on a client. Other factors can include how you were allocated to the work, how costs are assigned, and the nature of your duties
What Will Happen to Your Job?
If TUPE applies to you, your job will automatically transfer to the new employer on the transfer date. Some key things to note:
- Your employment contract moves to the new employer.
- Your terms and conditions, including pay, holiday, benefits and working hours, stay the same.
- You keep your continuity of service.
- You are protected from being dismissed because of the transfer itself.
- Your role should continue on the same basis unless changes are properly proposed and consulted on.
The Process – what to expect
1) You should be informed in writing
Your current employer should write to you to explain:
- Why the transfer is happening
- When it will take place
- How TUPE affects you and what it means for your role
- Any planned changes (often called “measures”)
2) You should be consulted with about changes
If changes are proposed, your current and future employer should consult with you (and representatives, where applicable). This is your space to ask questions, raise concerns and seek advice. It’s also normal for some details to take time to land, as employers may not have all the answers straight away.
There’s no set legal timeframe for consultation, but it should happen early enough to be meaningful, before the transfer. You do not work a notice period because your employment doesn’t end. It continues with the new employer.
3) Your employment transfers to the new employer
On the transfer date, you automatically become an employee of the new organisation. You generally will not need to sign a new contract unless changes have been consulted on and agreed. Any ongoing grievance or disciplinary matters also transfer to the new employer.
Looking After Yourself Through the Process
A TUPE transfer can involve uncertainty and waiting for details to be confirmed, and that can be draining. You might find it helpful to:
- Write down questions you want to ask during consultation
- Take notes during meetings so you can revisit key points later
- Ask for important points to be confirmed in writing
- Speak to someone you trust about how you’re feeling
- Do what you need to support your wellbeing, whether that’s rest, movement, connection or something else
If you need support – practical or emotional – call our Advice Line. We’re here to guide you through each step, help you understand your rights, and support you as you move forward with confidence.
TUPE FAQ's
TUPE exists to protect your job.
You should not be dismissed just because the transfer is happening. A dismissal because of the transfer would usually be considered unfair.
Not because of the transfer alone.
Any change should be for a genuine business reason and should follow proper consultation.
Pensions can be treated differently under TUPE.
If the exact scheme cannot transfer, the new employer should offer a reasonable alternative. Your HR contact should be able to confirm what will happen in your case.
Usually no.
Your employment contract continues with the new employer. Sometimes you may be asked to sign something that confirms administrative details (for example, payroll information). If you’re asked to sign a new contract with changes, it’s OK to ask what’s changed and why, and to take time to consider it.
TUPE regulations protect anyone with the legal status of employee and might also apply to those with the legal status of worker.
Some useful definitions can be found in the ACAS links below.
This can be a complex area, particularly if you are a PAYE freelancer, so it can help to get advice from ACAS.
TUPE eligibility can be complex. Your current and new employers should reach an agreement about who transfers.
If you disagree, you can challenge the decision and seek advice.
If both employers disagree, it can feel confusing and unsettling.
On the transfer date, the most practical step is usually to make yourself available for work as normal and follow any instructions you have been given. If you’re unsure, ask your current employer to confirm your employment status and what they expect you to do on the day. Keep a record of any communications from either employer.
Situations like this can take time to resolve, and if both employers deny responsibility, it’s worth chatting to NABS.
Above all, try not to make any quick decisions, such as resigning, until you’ve had the chance to get clear advice about your situation.
Your terms are protected, but changes can sometimes be made if there is a valid reason and proper consultation.
This is often referred to as an economic, technical or organisational (ETO) reason. If you’re being asked to accept changes, it’s OK to ask for these in writing and to seek advice.
You can object, but this usually means you are treated as having resigned.
Your employment ends on the transfer date, and you will not move to the new employer. It’s a good idea to get advice before taking this step.
Your current employer cannot make you redundant because of the transfer, and the new employer cannot normally make you redundant before the transfer happens.
Redundancy consultation can sometimes start before the transfer – but only if both employers agree.
After the transfer, redundancies can only happen for genuine business reasons (known as ETO reasons) such as a restructure. In those cases, the employer must follow a fair and transparent process.
Holiday entitlement and most contractual benefits should transfer with you.
If you have questions about things like carried-over holiday, bonus schemes or commission arrangements, it’s reasonable to ask HR for written confirmation of what will happen after the transfer.
If TUPE applies, your contractual terms and benefits usually transfer.
If you’re unsure whether something is contractual (or written into policy), it can help to ask HR for clarity in writing. Working Families has guidance for parents and carers affected by TUPE.
Where to go for further information:
Quick TUPE guide for managers
- Be a calm, steady presence. You don’t need all the answers. Be open and honest about what you do and don’t know.
- Check in regularly. Short, informal check-ins can help people feel seen during uncertainty.
- Share accurate information promptly. Pass on confirmed updates from HR and avoid speculation.
- Look out for wellbeing cues. If someone seems stressed or unlike themselves, reach out privately and remind them support is available.
- Encourage questions. Suggest people write their questions down for HR or consultation meetings.
- Support capacity where possible. If you can ease workloads or adjust expectations, even slightly, it can help.
- Stay neutral. Avoid personal opinions about the transfer.
- Validate how people feel. Acknowledge uncertainty is hard.
- Promote breaks and wellbeing support. Remind your team to rest, take breaks, and use wellbeing resources..
- Encourage your team to contact NABS. For some practical and emotional support throughout the process.
- Look after yourself too Supporting others is easier when you’re supported. Reach out to HR, peers, or the NABS Advice Line if you need guidance
