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View full libraryThis 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.
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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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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.
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.
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.
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.
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.
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.
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.
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.
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.
"Darryl provides support and advice with excellent judgement, and has a strong understanding of people, policies and UK employment legislation."
"He is someone I trust; consistent, dependable, and committed to doing things properly."
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