Guide to transferring staff OUT on TUPE
Recent customers:
Our Guide to Transferring Staff Out on TUPE facilitates smooth transitions, providing clarity and compliance for outgoing employees and the organisation.
If you are responsible for transferring employees OUT of your organisation, this TUPE transfer guide will provide you with a clear, legal, step-by-step process.
transferring staff OUT on TUPE
1 Step 1
1.1 Determine whether TUPE applies
1.1.1 As soon as you become aware that there is a potential for part or all of your organisations operations to be transferred to an external organisation, irrespective of the size of the operation and the number of individuals assigned to the operation, you will need to assess the possibility that the transfer will be covered by TUPE.
1.1.2 It is essential that this is 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 out.
1.1.3 The application of TUPE depends on the particular circumstances of each case. Generally, it will be wise to assume that the regulations apply to any transfer.
2 Step 2
2.1 Establish which employees are affected
2.1.1 Having established that TUPE applies you will need to decide which employees will have the protection of the regulations.
The regulations apply to all employees, including those employed on a part-time basis and those employed on fixed-term or temporary contracts. The TUPE Regulations define an employee as any individual
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What is this for?
The Guide to Transferring Staff Out on TUPE offers comprehensive guidance on the legal and procedural aspects of transferring employees under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
It provides clear instructions for employers on their obligations when transferring employees out of their organisation due to business transfers, acquisitions, or outsourcing.
This guide equips HR professionals and business owners with the knowledge and tools necessary to navigate TUPE transfers smoothly and in compliance with legal requirements. By understanding the TUPE regulations and following the outlined steps, organisations can ensure a fair and transparent process for affected employees while effectively managing the transfer of staff out of the business.
It covers the following:
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Determine whether TUPE applies
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Establish which employees are affected
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Inform affected employees
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Consult with representatives
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Consult with affected employees
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Confirm the transfer with affected employees
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Exchange employee data
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Confirm the date of transfer
