TUPE policy template

Overview

This policy outlines the approach [Company Name] takes to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).

TUPE is a UK legislation that safeguards the rights of employees when a business or undertaking, or part of it, is transferred to a new employer.

Scope

This policy applies to all employees of [Company Name] who may be affected by a TUPE transfer.

General principles

[Company Name] is committed to complying with the TUPE regulations and ensuring the fair and equitable treatment of employees during any business transfer.

We will provide employees with information, consultation, and protection of their employment rights as required by law throughout the TUPE process.

Roles and Responsibilities

[Company Name]

• Designates a responsible person to oversee the TUPE process and act as the primary point of contact for employees and external parties.
• Ensures compliance with TUPE regulations, including the timely provision of required information to employees and their representatives.
• Facilitates meaningful consultation with affected employees and their representatives.
• Implements necessary measures to protect employee rights, including terms and conditions of employment, pay, and benefits.
• Seeks professional advice, if required, to ensure adherence to TUPE regulations.

Employees

• Cooperate with the employer throughout the TUPE process, including providing accurate information and attending consultation meetings.
• Raise any concerns or queries regarding the TUPE transfer with their line manager or the designated responsible person.
• Comply with any reasonable instructions or changes resulting from the TUPE transfer.

Consultation

[Company Name] will initiate a consultation process with employees and their representatives as soon as practicable when a TUPE transfer is anticipated.

Consultation will include:

• Providing employees and their representatives with relevant information about the transfer, including its implications, timing, and reasons.
• Seeking input and feedback from employees and their representatives on matters affecting their terms and conditions of employment.
• Discussing measures to mitigate any potential negative impact on employees.
• Responding to questions and concerns raised by employees and their representatives.

Terms and Conditions of Employment

[Company Name] will take all necessary steps to ensure that employees' terms and conditions of employment are maintained following the TUPE transfer, as required by law.

Any proposed changes to terms and conditions will be discussed during the consultation process, and any agreed changes will be implemented in accordance with TUPE regulations.

Communication

[Company Name] will provide timely and accurate information to employees regarding the TUPE transfer and its potential impact on their employment.

Communication channels may include written notices, meetings, one-to-one discussions, and other appropriate means to ensure employees are well-informed and have an opportunity to raise questions or concerns.

Employee Support and Training

[Company Name] acknowledges the potential uncertainty and anxiety that employees may experience during a TUPE transfer. We are committed to providing appropriate support and training to ensure a smooth transition and minimise any negative impact on employees.

Support mechanisms may include:

• Provision of information and guidance to help employees understand the implications of the transfer and their rights under TUPE.
• Offering individual consultations to address specific concerns or queries.
• Facilitating training sessions or workshops to help employees adapt to any changes resulting from the transfer.
• Encouraging open and transparent communication to maintain employee morale and engagement.

Employee Representation

[Company Name] recognises the importance of employee representation during a TUPE transfer.

Where appropriate, [Company Name] will engage with recognised employee representatives, such as trade unions or elected employee representatives, to facilitate effective consultation and negotiation.

Monitoring and Review

[Company Name] will monitor the implementation of this TUPE policy to ensure compliance with legal obligations and to assess its effectiveness.

Regular reviews will be conducted to identify any areas for improvement, incorporate changes in legislation, and address specific concerns raised during the TUPE transfer process.

Legal Compliance

[Company Name] is committed to complying with all applicable laws and regulations regarding TUPE transfers.

We will seek legal advice and guidance as necessary to ensure our practices align with the latest TUPE legislation and case law.

Policy Review

This TUPE policy will be reviewed periodically and updated as necessary to reflect changes in legislation or organisational requirements.

Employees will be informed of any revisions to the policy through appropriate communication channels.