How do I ensure compliance with TUPE regulations during a business transfer?

Ensuring compliance with the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) during a business transfer requires careful planning, clear communication, and adherence to legal requirements to protect employee rights and avoid legal pitfalls. Here’s a structured approach:

Preparation - 4 Steps

1. Understand TUPE Regulations

Legal Requirements: Familiarise yourself with the key provisions of the TUPE regulations, which protect employees’ terms and conditions of employment when a business or service provision changes hands.

Scope and Application: Understand when TUPE applies, including relevant business transfers, service provision changes, and the rights and obligations of both the outgoing (transferor) and incoming (transferee) employers.

2. Identify Affected Employees

Employee Identification: Identify all employees who will be affected by the transfer. This includes those who are directly assigned to the business or service being transferred.

Employee Information: Gather detailed information about the affected employees, including their employment terms, job roles, and any existing grievances or claims.

3. Plan for Due Diligence

Information Sharing: Arrange for the transferor to share necessary information with the transferee about the affected employees,

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