Managers guide to transferring staff OUT on TUPE
Our Guide to Transferring Staff Out on TUPE facilitates smooth transitions, providing clarity and compliance for outgoing employees and the organisation.
If you are responsible for transferring employees OUT of your organisation, this TUPE transfer guide will provide you with a clear, legal, step-by-step process.
- 5 pages / 1,902 words
- Instantly download as Word / PDF / plain text
- Suitable for United Kingdom use only
- Includes 12 months’ access, with all updates to this page provided free of charge and notified to you.
Managers guide to transferring staff OUT on TUPE
Step 1
Determine whether TUPE applies
As soon as you become aware that there is a potential for part or all of your organisations operations to be transferred to an external organisation, irrespective of the size of the operation and the number of individuals assigned to the operation, you will need to assess the possibility that the transfer will be covered by TUPE.
It is essential that this is established early, not only to ensure that all legal duties arising from TUPE are actioned in advance of the transfer taking place, but also to ensure that you gain the confidence and co-operation of the staff that may be transferring out.
The application of TUPE depends on the particular circumstances of each case. Generally, it will be wise to assume that the regulations apply to any transfer.
Step 2
Establish which employees are affected
Having established that TUPE applies you will need to decide which employees will have the protection of the regulations.
The regulations apply to all employees, including those employed on a part-time basis and those employed on fixed-term or temporary contracts. The TUPE Regulations define an employee as any individual
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The Guide to Transferring Staff Out on TUPE offers comprehensive guidance on the legal and procedural aspects of transferring employees under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
It provides clear instructions for employers on their obligations when transferring employees out of their organisation due to business transfers, acquisitions, or outsourcing.
This guide equips HR professionals and business owners with the knowledge and tools necessary to navigate TUPE transfers smoothly and in compliance with legal requirements. By understanding the TUPE regulations and following the outlined steps, organisations can ensure a fair and transparent process for affected employees while effectively managing the transfer of staff out of the business.
It covers the following:
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Determine whether TUPE applies
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Establish which employees are affected
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Inform affected employees
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Consult with representatives
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Consult with affected employees
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Confirm the transfer with affected employees
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Exchange employee data
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Confirm the date of transfer
Frequently Asked Questions
Frequently Asked Questions
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Can I use this template in my small business?
Yes. The Managers guide to transferring staff OUT on TUPE is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.
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Is this template compliant with 2025 UK employment law?
Absolutely. All of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.
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Can I customise it for my organisation?
Yes, we highlight the areas that you need to update with your own details, and where you need to make decisions to suit your situation. This saves you time and ensures that you meet best practice.
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Do I get instant access?
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.
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What if I need more help, not just this template?
If you're looking for broader support, we also offer toolkits and library bundles that include this template, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
