Guide to transferring staff IN on TUPE

Step One: determine whether TUPE applies

As soon as we become aware that there is a potential for part of the operations of an external organisation to be transferred into us, irrespective of the number of employees involved, we 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 we gain the confidence and co-operation of the staff that may be transferring.

Step Two: establish which employees are likely to be transferred

As the new employer, immediately prior to the transfer it will be our duty to take over the contracts of employment of all employees that will transfer. In order to comply with this requirement, we will need to reach agreement with the old employer as to which employees will transfer. The old employer should provide us with a definitive list of staff that are considered to be affected by the transfer.

Step Three: consult with representatives

The old employer is responsible for consulting appropriate representatives within their organisation about the forthcoming transfer. We may also be asked to become involved in the consultation meetings with groups of staff or individ

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