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TUPE transfer templates to support business transfers and ensure compliance with UK employment regulations during organisational change.
Includes consultation and transfer documentation. Helps manage employee transitions during mergers, acquisitions and business transfers.
TUPE is the Transfer of Undertakings (Protection of Employment) Regulations. Its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law.
TUPE can apply when employers:
sell or buy part or all of a business as a going concern;
outsource or make a "service provision change" involving either (a) an initial outsourcing of a service (e.g. where services transfer from the customer to an external contractor); (b) a subsequent transfer (e.g. where services transfer from the first external contractor to a different external contractor; and (c) bringing the service back in-house (e.g. where services transfer from an external contractor back to the customer)
grant or take over a lease or licence of premises and operate the same business from those premises.
TUPE has impacts for the employer who is making the transfer (also known as the outgoing employer, the old employer or the transferor) and the employer who is taking on the transfer (also known as the incoming employer, the new employer or the transferee).
TUPE templates are essential for managing a low-risk, compliant TUPE process.
Navigating TUPE processes correctly is crucial to help you avoid any problems (which can be costly in terms of time, money and reputation).
Recent UK case law has highlighted key aspects of good TUPE management. Knowing how courts have handled claims can help you assess whether your proposed actions are likely to be seen as reasonable.
Here are some notable rulings and their implications:
Tabberer v Mears Ltd (2018):
Outcome: The Court of Appeal clarified that changes to terms and conditions after a TUPE transfer are valid only if the primary reason is not the transfer itself.
Key takeaway: In this instance, the removal of outdated travel allowances was deemed legitimate because the primary reason was the employer's belief that the allowances were obsolete, not the transfer.
London Borough of Barnet v Ms E Green (2017):
Facts: This case involved a dispute over whether a redundancy exercise constituted a TUPE transfer.
Outcome: The Court of Appeal ruled that for TUPE to apply, there must be a transfer of an economic entity which retains its identity.
Key takeaway: The judgment emphasised that employers must carefully assess whether TUPE applies in redundancy situations involving outsourcing or insourcing.
Inex Home Improvements Ltd v Hodgkins (2018):
Facts: In this case, a two-month layoff period did not prevent TUPE from applying because the organised grouping of employees still existed at the point of transfer.
Outcome: The courts ruled that a temporary cessation of services does not necessarily negate the application of TUPE.
Key takeaway: This ruling affirmed that temporary breaks in service do not invalidate TUPE protections as long as the organised grouping remains intact.
Here we show you which resources to use to effectively lead the transfer of employees out due to tupe, taking into account the different decisions and directions that are likely / possible.
Following this flowchart will ensure that you factor in all eventualities, follow legal / code of conduct or best practice processes, communicate effectively, and reduce the risk of things going wrong.
This TUPE templates toolkit incorporates relevant UK laws and HR standards, including those listed below:
Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE):
Applies to situations where a business or part of a business is transferred to a new employer or where a service provision change occurs.
Provides protection to employees' terms and conditions of employment during a business transfer or service provision change.
Ensures continuity of employment for transferred employees.
Requires employers to inform and consult with employees affected by the transfer or service provision change, as well as any trade unions or employee representatives, and provide them with information about the reasons for the transfer, the impact on employees, and any measures planned to be taken in relation to employees.
In addition:
The employment contracts of affected employees must be transferred to the new employer or service provider, and employees must be given the same terms and conditions of employment that they had with the previous employer, including continuity of employment.
Employees have the right to object to the transfer or service provision change if it would result in a substantial change to their working conditions or a breach of their employment contract.
Employers must not dismiss or make any changes to the terms and conditions of employment of employees affected by the transfer or service provision change solely because of the transfer, unless there is an economic, technical, or organisational (ETO) reason for doing so.
Employers must provide appropriate training and support to employees affected by the transfer or service provision change to help them adapt to their new working environment and job responsibilities.
It is important for employers to comply with TUPE regulations to avoid any potential legal challenges and to protect the rights and welfare of employees affected by a transfer or service provision change. In addiition the following legislation supports a successful transfer:
Employment Rights Act 1996:
Equality Act 2010:
Trade Union and Labour Relations (Consolidation) Act 1992:
Working Time Regulations 1998:
National Minimum Wage Act 1998:
Transfer of Employment (Pension Protection) Regulations 2005:
Employment Rights Act 1996 (Part XII):
Protection of Employment (Redundancy Payments) Regulations 1997:
PROCESS
The correct order to issue the documents follows the logical sequence of the TUPE process, starting with notifying employees about the possibility of a transfer and requesting necessary information, then moving onto the election of employee representatives and consultation with them regarding proposed measures. Next, the measures themselves are communicated and a ballot is conducted if necessary. Finally, confirmation of the transfer is given to representatives and employees, followed by communication regarding employee liability information and welcome/goodbye letters.
Yes. The TUPE templates in this toolkit are designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. They follow UK employment law best practice, so even if you don't have an in-house HR team, you can confidently manage TUPE processes and issues.
Absolutely. All 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.
Every toolkit includes a complete set of editable templates, supporting documents, and manager guidance designed to save time and ensure compliance.
Purchasing the toolkit saves you hours of drafting time and reduces the risk of legal mistakes. Instead of starting from scratch, you'll have clear, professional templates that you can adapt to your business.
Yes. Once purchased, you'll be able to download the TUPE toolkit instantly. The templates are provided in editable Word or Excel format so you can customise them easily, and PDF format for easy sharing.
We provide free examples of our templates here. This gives you a sense of the quality and layout before you commit to purchasing the full toolkit.
If you're looking for broader support, we also offer library bundles that include TUPE templates along with absence, grievance, and other HR policies. These may be more cost-effective if you need a complete HR library.
The risk of using free AI-generated templates 'without review' includes your legal exposure, missing context, and no awareness of the wider process. Purchasing from us mitigates that risk.
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