Managers guide to the essentials of TUPE
Our Guide to Managing the Essentials of TUPE simplifies the complex legalities, ensuring smooth transitions and compliance for all parties involved.
If you are managing a TUPE transfer in or out, this model guide details the essentials of TUPE transfers, applying the relevant legislation.
- Includes Managers guide to the essentials of TUPE, plus 12 months’ access with all updates provided free of charge and notified to you.
- UK-specific accuracy.
- 2,321 words over 6 pages.
- Last updated 02/01/2026.
- Format: Word / PDF / plain text / email.
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Managers guide to the essentials of TUPE
Does TUPE apply?
The first step towards good practice is for employers to determine whether or not TUPE applies.
Transfer of an economic entity
TUPE applies where:
- There is a transfer of an economic entity.
- The economic entity retains its identity.
Is there a transfer of an economic entity?
An "economic entity" means "an organised grouping of resources which has the objective of pursuing an economic activity". The economic activity may be central to the business, or ancillary, for example cleaning services. The most obvious example of the transfer of an economic entity is where a business is sold. An economic entity may transfer even where only part of a business is sold.
Has the economic entity retained its identity?
A number of factors should be considered to determine this issue:
- Whether or not tangible assets have transferred.
- The type of business or undertaking.
- The value of intangible assets at the point of transfer.
- Whether or not the majority of employees have transferred.
- Whether or not customers have transferred.
- The similarity of the activities before and after the transfer.
- The duration of a suspension in the performance of activities following the transfer.
The absence of a particular factor does not necessarily mean that the transfer does not come within TUPE. Employers should build an overall picture of what is happening to the business, by considering all of the circumstances.
An economic entity may
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Managers guide to the essentials of TUPE purpose
The Guide to Managing the Essentials of TUPE provides comprehensive instructions for employers on navigating the Transfer of Undertakings (Protection of Employment) Regulations (TUPE).
It covers essential aspects such as employee rights, consultation requirements, and transfer procedures to ensure compliance and mitigate risks during business transfers, acquisitions, or outsourcing.
- When TUPE applies.
- What employers should inform and consult about.
- The role of trade unions and employee representatives.
- Managing employee liability information.
- Harmonising terms and conditions.
- Dismissals following the transfer.
This guide offers practical insights and best practices to HR professionals and business owners, enabling them to effectively manage TUPE processes. By understanding the fundamental principles of TUPE and implementing the recommended strategies, organisations can streamline employee transfers, maintain morale, and foster positive relationships with both transferring and retained employees.
Frequently Asked Questions about a Managers guide to the essentials of TUPE
Frequently Asked Questions about a Managers guide to the essentials of TUPE
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Can I use the Managers guide to the essentials of TUPE in my small business?
Yes. The Managers guide to the essentials of TUPE is designed to be flexible and suitable for organisations of all sizes, including small businesses and charities. It follows UK employment law best practice, so even if you don't have an in-house HR team, you can confidently apply it.
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Is the Managers guide to the essentials of TUPE compliant with 2026 UK employment law?
Absolutely. Like the Managers guide to the essentials of TUPE, all of our templates are drafted with the latest ACAS guidance and UK employment legislation in mind. We review and update them regularly, so you can be confident they remain compliant.
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Can I customise the Managers guide to the essentials of TUPE for my organisation?
Yes, we highlight the areas of the Managers guide to the essentials of TUPE 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.
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Do I get instant access to the Managers guide to the essentials of TUPE?
Yes. Once purchased, you'll be able to download the Managers guide to the essentials of TUPE instantly. Templates are provided in editable Word or Excel format so you can customise them easily, and in PDF format for easy sharing.
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What if I need more help, not just a Managers guide to the essentials of TUPE?
If you're looking for broader support, we also offer toolkits and library bundles that include the Managers guide to the essentials of TUPE, along with other HR templates and policies for fully managing your situation. These may be more cost-effective if you need deeper advice.
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Why should I use this Managers guide to the essentials of TUPE, and not AI to generate it?
The risk of using a free AI-generated template 'without review' includes your legal exposure, missing context, and no awareness of the wider process, whereas purchasing the Managers guide to the essentials of TUPE from us mitigates that risk.