TUPE policy template
Supporting information
Ensure fair treatment & compliance with UK's TUPE regulations during business transfers with our comprehensive TUPE policy. Protect employee rights & promote smooth transitions.
TUPE policy
1 Overview
1.1 This policy outlines the approach [Company Name] takes to comply with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE).
1.2 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.
2 Scope
2.1 This policy applies to all employees of [Company Name] who may be affected by a TUPE transfer.
3 General principles
3.1 Commitment
3.1.1 [Company Name] is committed to complying with the TUPE regulations and ensuring the fair and equitable treatment of employees during any business transfer.
3.1.2 We will provide employees with information, consultation, and protection of their employment rights as required by law throughout the TUPE process.
3.2 Roles and Responsibilities
3.2.1 [Company Name]
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Designates a responsible person to oversee the TUPE process and act as the primary point of contact for employees and external parties.
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Ensures compliance with TUPE regulations, including the timely provision of required information to employees and their representatives.
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Facilitates meaningful consultation with affected employees and their representatives.
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Implements necessary measures to protect employee rights, including terms and conditions of employment, pay, and benefits.
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Seeks professional advice, if required, to ensure adherence to TUPE regulations.
3.2.2 Employees
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Cooperate with the employer throughout the TUPE process, including providing accurate information
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What is this for?
The purpose of a TUPE policy is to establish a framework and set of guidelines for an organisation to follow when dealing with a transfer of undertakings, as governed by the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) in the United Kingdom. The policy serves several purposes:
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Compliance: The policy ensures that the organisation complies with the legal obligations set forth in the TUPE regulations. It outlines the organisation's commitment to adhering to the requirements of TUPE when a business or undertaking is transferred.
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Employee Protection: The policy aims to protect the employment rights and benefits of employees who may be affected by a TUPE transfer. It ensures that employees are provided with information, consultation, and fair treatment throughout the transfer process.
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Communication: The policy establishes guidelines for effective communication with employees, employee representatives, and other relevant stakeholders. It emphasises the importance of providing timely and accurate information about the transfer and addressing employees' concerns and questions.
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Consultation: The policy emphasises the organisation's commitment to consulting with affected employees and their representatives during the TUPE process. It sets out the process for meaningful consultation, seeking input from employees, and discussing any proposed changes to terms and conditions of employment.
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Employee Support: The policy recognises the potential impact of a TUPE transfer on employees and aims to provide appropriate support, training, and resources to help employees navigate the transition. It emphasises the organisation's commitment to employee well-being and engagement during the transfer.
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Legal Compliance: The policy ensures that the organisation is aware of its legal obligations under TUPE and seeks professional advice if necessary to ensure compliance. It underscores the organisation's commitment to staying up-to-date with changes in legislation and case law.
By having a TUPE policy in place, organisations can demonstrate their commitment to fair treatment, legal compliance, and open communication during the process of transferring undertakings, providing reassurance to employees and promoting a smooth transition.
Extended guidance
Employment law compliance
Here are some key UK employment legislations governing the Transfer of Undertakings (Protection of Employment) (TUPE) process:
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Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE): The primary legislation that governs the transfer of employees' rights and obligations when a business or undertaking is transferred to a new employer.
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Employment Rights Act 1996: Provides protection for employees' statutory employment rights, including protection against unfair dismissal, redundancy, and discrimination.
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Equality Act 2010: Prohibits discrimination in employment on the basis of protected characteristics such as age, race, gender, disability, and others.
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Information and Consultation of Employees Regulations 2004: Requires employers to inform and consult with employees and their representatives regarding the transfer of the undertaking and any associated measures that may affect their employment.
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Trade Union and Labour Relations (Consolidation) Act 1992: Sets out the rights and responsibilities of trade unions and their members, including provisions for employee representation during the TUPE process.
