TUPE policy template

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This TUPE policy explains how employers can manage employee transfers in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It provides a practical framework for identifying affected employees, sharing required information, consulting with representatives and protecting employees' rights before, during and after a transfer.

Use this policy to:

  • Provide a consistent approach to TUPE transfers
  • Set out responsibilities for HR, managers and others involved in a transfer
  • Support appropriate information and consultation
  • Protect employees' rights and terms and conditions
TUPE policy template
2026 Reviewed

What's included in this template?

This template brings together the key information, sections and considerations you need to create a clear, comprehensive and professional HR document. Preview the document below.

  • TUPE transfer principles and responsibilities
  • Identifying affected employees and representatives
  • Information and consultation requirements
  • Employee liability information and transfer arrangements
  • Protection of employment rights and contractual terms
  • Measures, restructuring and post-transfer considerations
Specifications
Access 12 months (includes updates)
Length 3 pages • 1,172 words
Jurisdiction England, Wales and Scotland
Based on UK employment law, ACAS guidance
Last review 13/09/2026
Next review 13/03/2027
Delivery Instant digital delivery
Formats .doc · .txt · email

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Template

TUPE policy

1   Overview

1.1   [Company Name] recognises its obligations under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) and is committed to managing employee transfers fairly, consistently and in accordance with applicable employment law.

1.2   TUPE can protect employees when a business or part of a business transfers to another employer and can also apply to certain service provision changes. Where TUPE applies, employees may transfer automatically to the new employer with their continuity of employment and existing employment rights protected.

1.3   The organisation will plan potential TUPE transfers carefully, provide appropriate information, consult with affected employees and representatives where required, and work cooperatively with the other employer to support an orderly transfer.

2   Scope

This policy applies to employees who

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What is a TUPE policy?

TUPE policy template preview

This TUPE policy provides a practical framework for managing transfers of employees in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). It helps employers understand the key responsibilities that arise when a business, part of a business or certain services transfer from one employer to another.

Managing the transfer process

The policy explains the importance of planning a TUPE transfer carefully, identifying affected employees and establishing the responsibilities of the outgoing and incoming employers. It provides a framework for managing information, employee communications and the practical arrangements required before the transfer.

Informing and consulting employees

It sets out the approach to informing affected employees and consulting with recognised trade union or employee representatives where required. It also explains the importance of providing information about the transfer and any measures that may affect employees.

Protecting employee rights

The policy recognises that TUPE generally protects employees' existing employment rights when they transfer to a new employer. It provides guidance on handling contracts, collective agreements, pensions, continuity of employment and proposed changes following a transfer.

Maintaining appropriate records

The policy supports a clear and consistent record of the TUPE process, including information provided, consultation, employee liability information, measures considered and decisions made. This helps demonstrate that the transfer has been managed appropriately and that relevant obligations have been considered.

Example

An organisation is acquiring a small business and believes the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply to the employees working in that business. HR begins planning the transfer at an early stage and identifies the employees who are expected to transfer, the appropriate representatives and the key information that will need to be exchanged.

The outgoing and incoming employers discuss the proposed transfer and identify measures that may affect transferring employees, including changes to payroll arrangements and management structures. The relevant information is provided to employee representatives and arrangements are made for information and consultation.

HR also ensures that the required employee liability information is provided to the incoming employer within the statutory timeframe. The parties review contracts, benefits, collective agreements, ongoing employee relations matters and other information relevant to the employees who are transferring.

Following the transfer, the incoming employer ensures that transferring employees' continuity of employment and protected terms are appropriately recorded. Any proposed changes are considered separately and are not simply imposed because the employees have transferred. HR continues to communicate with the employees and addresses any issues arising during the integration period.

Implementation guidance

Use these best practice actions, recommended timescales and process stages to understand when and how the TUPE policy should be used, helping ensure each step is handled consistently and appropriately documented.

Step Description Responsibility Timing
1 Establish whether TUPE may apply, identify the proposed transfer, the employees or activities affected and the respective responsibilities of the outgoing and incoming employers. HR / Senior management As early as reasonably practicable once a potential transfer is identified
2 Identify affected employees and representatives, gather the required employee information and establish any measures that may affect transferring employees. HR / Outgoing & incoming employer At least 4 weeks before the transfer for employee liability information; earlier for planning and consultation
3 Provide the required information and undertake appropriate consultation with recognised trade union or employee representatives, or affected employees where permitted. Employer / HR As early as possible and with enough time for meaningful consultation before transfer
4 Complete the practical transfer arrangements, including payroll, HR records, employee liability information, benefits, policies and communication of the transfer arrangements. HR / Payroll / Management Before the transfer date, with final checks in the final 5 working days
5 Complete the transfer and provide appropriate ongoing support, ensuring employee records and terms are correctly maintained and any post-transfer issues are addressed. Incoming employer / HR From transfer date and reviewed during the first 1–3 months
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Common mistakes

Understand the common mistakes to avoid when using this HR template, helping you reduce risk, prevent unnecessary costs and ensure the process is handled correctly.

  • Leaving TUPE planning too late – begin assessing the potential application of TUPE as soon as a transfer is being seriously considered.
  • Assuming TUPE only applies to business sales – certain service provision changes can also fall within the Transfer of Undertakings (Protection of Employment) Regulations 2006.
  • Failing to identify measures – establish whether the incoming employer envisages changes that may affect transferring employees and ensure these are communicated appropriately.
  • Treating consultation as a formality – consultation should be genuine and meaningful, with representatives' views properly considered.
  • Making contractual changes because of the transfer – employers need to consider the TUPE restrictions on changing terms and conditions where the sole or principal reason is the transfer.
  • Failing to provide employee liability information correctly – ensure the required information is accurate, complete and provided within the statutory timeframe.
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HR considerations

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

Transfer of Undertakings (Protection of Employment) Regulations 2006

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees when a business or undertaking transfers to a new employer and can also apply to certain service provision changes. Where TUPE applies, employees assigned to the transferring business or activity will generally transfer to the new employer with their continuity of employment and existing employment rights protected. https://www.legislation.gov.uk/uksi/2006/246/contents

Information and consultation

Both the outgoing and incoming employers have responsibilities to inform affected employees and their representatives about a TUPE transfer. The information should include the fact that the transfer is happening, when it is expected to happen, why it is happening and the legal, economic and social implications for affected employees. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/what-you-must-inform-and-consult-about

Measures affecting employees

Where the incoming employer envisages measures that may affect transferring employees, the incoming employer must provide information about those measures to the outgoing employer, who must pass the information to the appropriate representatives. Measures can include changes to working hours, job descriptions, working location, pay dates, management arrangements, pensions or potential redundancies. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/what-you-must-inform-and-consult-about

Meaningful consultation

Where measures are envisaged, employers must consult with recognised trade union or employee representatives. Consultation should be genuine and meaningful, giving representatives an opportunity to ask questions, make suggestions and express concerns. Employers should seriously consider the views expressed and try to reach agreement where possible. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/how-to-inform-and-consult-staff

Employee liability information

The outgoing employer must provide specified employee liability information to the incoming employer. This includes information such as employees' identity and age, particulars of employment, certain disciplinary and grievance information and relevant legal proceedings. The information must normally be provided at least four weeks before the transfer. https://www.gov.uk/transfers-takeovers/information-about-employees-during-transfers

Changes to employment terms

TUPE generally protects employees' existing employment rights and restricts changes to terms and conditions where the sole or principal reason for the change is the transfer itself. Changes may be possible in certain circumstances, including where there is an economic, technical or organisational reason entailing changes in the workforce, but employers should take advice before making contractual changes following a TUPE transfer. https://www.gov.uk/transfers-takeovers/transfers-of-employment-contracts

Timing of consultation

There is no fixed statutory length for TUPE information and consultation. Employers must allow enough time to inform and fully consult before the transfer and should begin the process as early as possible. The appropriate period will depend on factors including the number of affected employees, complexity of the transfer and whether representatives need to be elected. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer/when-you-should-inform-and-consult

Failure to inform and consult

Failure to comply with TUPE information and consultation obligations can result in employment tribunal claims. A successful claim can result in compensation of up to 13 weeks' uncapped gross pay for each affected employee. The organisation should therefore maintain appropriate records of the information provided, consultation undertaken, representations made and responses given. https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer

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FAQs

When does TUPE apply?

TUPE can apply where a business or part of a business transfers to a new employer and in certain service provision changes, such as outsourcing, insourcing or a change of contractor. Whether TUPE applies depends on the specific circumstances of the proposed transfer.

Who needs to be informed and consulted under TUPE?

Employers must include affected employees and, where appropriate, recognised trade union or employee representatives. The arrangements for direct consultation can differ depending on the size of the organisation or the number of employees transferring.

Does TUPE protect an employee's existing terms and conditions?

Generally, yes. TUPE protects employees' existing employment rights and continuity of employment. There are restrictions on changing terms where the reason for the change is the transfer itself, although changes may be possible in certain circumstances.

When should employee liability information be provided?

The outgoing employer must normally provide the required employee liability information to the incoming employer at least four weeks before the transfer. Employers should start preparing this information much earlier to allow time to check its accuracy and deal with any issues.

Why use HRDocBox rather than AI?

AI can generate a generic TUPE policy, but HRDocBox provides structured, UK-focused HR documentation designed around practical employment processes. This policy brings together the key requirements of the Transfer of Undertakings (Protection of Employment) Regulations 2006 with a practical framework for planning transfers, managing information and consultation and protecting employee rights.

How this content is developed and reviewed

The TUPE policy template is developed using a practical HR methodology that considers current UK employment legislation, ACAS guidance, CIPD good practice and the real-world HR process it supports. Templates and supporting information are regularly reviewed and updated, with additional reviews triggered by significant changes to legislation, guidance or established HR practice, helping ensure each document remains practical, relevant and suitable for UK employers.

About the author

Darryl Horn, Chartered HR Director

Darryl is a Chartered HR professional with over 25 years' experience in senior HR and employee relations roles.

He has extensive practical experience of managing terminating employment HR processes and founded hrdocbox to provide businesses with practical, professionally developed HR resources grounded in UK employment law and best practice.

HRDocBox has been creating practical UK HR documents since 2009.

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