TUPE policy template

TUPE policy template cover image
TUPE
Template
TUPE policy template cover image
£19

Ensure fair treatment & compliance with UK's TUPE regulations during business transfers with our comprehensive TUPE policy. Protect employee rights & promote smooth transitions.

  • 2 pages / 729 words
  • Instantly download as Word / PDF / plain text
  • Suitable for worldwide use (but check local legislation)
  • Includes 12 months’ access, with all updates to this page provided free of charge and notified to you.
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TUPE policy

1   Overview

1.1   This policy outlines the approach [Company Name] takes to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

1.2   TUPE is a UK legislation that safeguards the rights of employees when a business or undertaking, or part of it, is transferred to a new employer.

2   Scope

2.1   This policy applies to all employees of [Company Name] who may be affected by a TUPE transfer.

3   General principles

3.1   Commitment

3.1.1   [Company Name] is committed to complying with the TUPE regulations and ensuring the fair and equitable treatment of employees during any business transfer.

3.1.2   We will provide employees with information, consultation, and protection of their employment rights as required by law throughout the TUPE process.

3.2   Roles and Responsibilities

3.2.1   [Company Name]

  • Designates a responsible person to oversee the TUPE process and act as the primary point of contact for employees and external parties.

  • Ensures compliance with TUPE regulations, including the timely provision of required information to employees and their representatives.

  • Facilitates meaningful consultation with affected employees and their representatives.

  • Implements necessary measures to protect employee rights, including terms and conditions of employment, pay, and benefits.

  • Seeks professional advice, if required, to ensure adherence to TUPE regulations.

3.2.2   Employees

  • Cooperate with the employer throughout the TUPE process, including providing accurate information

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The purpose of a TUPE policy is to establish a framework and set of guidelines for an organisation to follow when dealing with a transfer of undertakings, as governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) in the United Kingdom. The policy serves several purposes:

  1. Compliance: The policy ensures that the organisation complies with the legal obligations set forth in the TUPE regulations. It outlines the organisation's commitment to adhering to the requirements of TUPE when a business or undertaking is transferred.

  2. Employee Protection: The policy aims to protect the employment rights and benefits of employees who may be affected by a TUPE transfer. It ensures that employees are provided with information, consultation, and fair treatment throughout the transfer process.

  3. Communication: The policy establishes guidelines for effective communication with employees, employee representatives, and other relevant stakeholders. It emphasises the importance of providing timely and accurate information about the transfer and addressing employees' concerns and questions.

  4. Consultation: The policy emphasises the organisation's commitment to consulting with affected employees and their representatives during the TUPE process. It sets out the process for meaningful consultation, seeking input from employees, and discussing any proposed changes to terms and conditions of employment.

  5. Employee Support: The policy recognises the potential impact of a TUPE transfer on employees and aims to provide appropriate support, training, and resources to help employees navigate the transition. It emphasises the organisation's commitment to employee well-being and engagement during the transfer.

  6. Legal Compliance: The policy ensures that the organisation is aware of its legal obligations under TUPE and seeks professional advice if necessary to ensure compliance. It underscores the organisation's commitment to staying up-to-date with changes in legislation and case law.

By having a TUPE policy in place, organisations can demonstrate their commitment to fair treatment, legal compliance, and open communication during the process of transferring undertakings, providing reassurance to employees and promoting a smooth transition.

Direction:
Issued to appropriate internal recipients such as employees, workers, contractors etc.
Timing:
Issued during onboarding / after changes / planned refresher

Extended guidance

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Compliance

This TUPE policy template incorporates relevant UK laws and HR standards, including those listed below:

Here are some key UK employment legislations governing the Transfer of Undertakings (Protection of Employment) (TUPE) process:

  • Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): The primary legislation that governs the transfer of employees' rights and obligations when a business or undertaking is transferred to a new employer.

  • Employment Rights Act 1996: Provides protection for employees' statutory employment rights, including protection against unfair dismissal, redundancy, and discrimination.

  • Equality Act 2010: Prohibits discrimination in employment on the basis of protected characteristics such as age, race, gender, disability, and others.

  • Information and Consultation of Employees Regulations 2004: Requires employers to inform and consult with employees and their representatives regarding the transfer of the undertaking and any associated measures that may affect their employment.

  • Trade Union and Labour Relations (Consolidation) Act 1992: Sets out the rights and responsibilities of trade unions and their members, including provisions for employee representation during the TUPE process.

Frequently Asked Questions

  1. Can I use this template in my small business?

    Yes. The TUPE policy template 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.

  2. Is this template compliant with 2025 UK employment law?

    Absolutely. Like the TUPE policy template, 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.

  3. Can I customise this template for my organisation?

    Yes, in the TUPE policy template, as with all of our templates, 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.

  4. Do I get instant access to the template?

    Yes. Once purchased, you'll be able to download the TUPE policy template instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.

  5. 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 the TUPE policy template along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need a complete HR library.