Managers guide to transferring staff IN on TUPE
Recent customers:
Our Guide to Transferring Staff in on TUPE streamlines the complex process, ensuring compliance and clarity for both incoming and existing employees.
If you are responsible for transferring employees IN to your organisation, this TUPE transfer guide will provide you with a clear, legal, step-by-step process.
Managers guide to transferring staff IN on TUPE
STEP 1
Determine whether TUPE applies
As soon as you become aware that there is a potential for part of the operations of an external organisation to be transferred into your organisation, irrespective of the number of employees involved, you will need to assess whether the transfer will be covered by the TUPE regulations.
This will need to be 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.
Seek professional legal advice at this point.
STEP 2
Establish which employees are likely to be transferred
As the new employer, immediately prior to the transfer it will be your duty to take over the contracts of employment of all employees that will transfer. In order to comply with this requirement, you will need to reach agreement with the old employer as to which employees will transfer.
The old employer should provide you with a definitive list of staff that are considered to be affected by the transfer.
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What is this for?
The Guide to Transferring Staff in on TUPE provides comprehensive instructions for handling employee transfers under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
It outlines the legal obligations and procedural steps involved in ensuring a smooth transition for employees during business transfers, acquisitions, or outsourcing arrangements.
This guide offers practical insights and best practices for HR professionals and business owners to navigate TUPE transfers effectively. By understanding the rights and responsibilities of both employers and employees under TUPE, organisations can mitigate risks, maintain employee morale, and foster a positive transition experience for all parties involved.
It covers the following:
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Determining whether TUPE applies.
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Establishing which employees are likely to be transferred.
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Consulting with representatives.
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Informing and consulting affected staff.
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Confirming the transfer.
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Exchanging employee data.
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Indemnity.
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Preparing for transfer day.
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Induction.
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Harmonising terms and conditions.
