Ask the Expert: Understanding TUPE with James Johnson

Employment solicitor James Johnson explains and answers some questions on the rules around TUPE.

Understanding TUPE regulations:

• What information does the outgoing employer have to provide to the incoming employer?
• What information does the outgoing employer have to provide to the affected employees?
• What information does the incoming employer have to provide to the affected employees?

What are TUPE regulations?

This briefly explains the purpose of the TUPE regulations and for more information visit our website.
TUPE is an acronym for ’Transfer of Undertakings (Protection of Employment) Regulations 1981’.

The TUPE Regulations are there to preserve employees’ terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.

The Regulations have the effect that:

employees employed by the previous employer when the undertaking changes hands automatically become employees of the new employer on the same terms and conditions as before. It is as if their contracts of employment had originally been made with the new employer. Thus employees’ continuity of employment is protected, as are their terms and conditions of employment under their contracts of employment (except for certain occupational pension rights)
Expert employment solicitor James Johnson answers some questions and explains the rules and regulations around TUPE (Transfer of Undertakings).