Guide to TUPE obligations and timeline for the outgoing employer
Our Guide to TUPE Obligations and Timeline for the Outgoing Employer outlines responsibilities, aiding compliance and facilitating smooth transitions.
TUPE obligations and timeline for the outgoing employer
The following timescales are indicative only.
Actual timescales will vary depending upon commercial objectives, the complexity of the transfer, the number of transferring employees, and the extent and number of any measures.
| Weeks pre-transfer | Actions |
| 8 to 6 weeks |
1. Affected employees? You must identify which employees are “affected” by the transfer. “Affected” employees will include the transferring employees and any employees who are not transferring but whose roles will be affected as a result of the transfer. |
| 5 weeks |
2. Recognised Trade Union? If you recognise a trade union in respect of all affected employees, you will not need to arrange for the election of employee representatives. The union reps are automatically nominated as the “appropriate” reps for the purpose of the old employer's information and consultation obligations (see 6, 7, and 8 below). |
| 5 weeks |
3. No recognised Trade Union? If you do not recognise a trade union at all, you will need to arrange for election of employee representatives (see 4 below), or in |
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What is this for?
The Guide to TUPE Obligations and Timeline for the Outgoing Employer offers a comprehensive overview of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) requirements and timeline for employers who are divesting or transferring their business.
It delineates the legal responsibilities, consultation procedures, and critical milestones that outgoing employers must adhere to during the transition process.
This guide serves as a valuable resource for outgoing employers, providing them with essential information and practical advice to navigate TUPE effectively. By understanding their obligations and adhering to the prescribed timeline, employers can ensure compliance with TUPE regulations, facilitate a seamless transfer for their employees, and mitigate potential legal liabilities associated with the business transfer.
