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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.
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.
| Note
Since April 2006, the
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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:
Determining whether TUPE applies.
Establishing which employees are likely to be transferred.
Consulting with representatives.
Informing and consulting affected staff.
Confirming the transfer.
Exchanging employee data.
Indemnity.
Preparing for transfer day.
Induction.
Harmonising terms and conditions.
Yes. This template has been designed for organisations of all sizes, including small businesses, charities and growing employers. It follows UK employment law best practice and can be adapted to suit your organisation.
Our templates are developed with UK employment legislation, Acas guidance and HR best practice in mind and are reviewed and updated as relevant requirements change. However, every employment situation is different, so the template should be adapted to the circumstances and checked against the employee's contract and your organisation's procedures before use.
Yes, we highlight the areas of the document 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.
Yes. Once purchased, you'll be able to download it instantly. Templates are provided in editable format (such as .doc or .xls) so you can customise them easily, and in PDF format for easy sharing.
If you're looking for broader support, we also offer toolkits and library bundles that include the Managers guide to transferring staff IN on TUPE, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
AI can produce a document quickly, but effective HR documentation needs to be more than well-written words. It needs to reflect relevant UK employment law, HR best practice, practical considerations and the circumstances in which it will be used. These resources have been professionally developed around that wider HR context, drawing on extensive practical experience, rather than simply generating a generic document from a prompt.
How this content is developed and reviewed
The Managers guide to transferring staff IN on TUPE is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.
Darryl Horn, Chartered HR Director
Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.
He has extensive practical experience of managing tupe processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.
HRDocBox has been creating practical UK HR documents since 2009.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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