TUPE Transfers: Protecting People Through Change

Ena HR can support you through a TUPE process with professionalism and kindness

Business change is inevitable—mergers, acquisitions, outsourcing, and service provision shifts are all part of growth and adaptation. Yet behind every restructure lies the heartbeat of a business: its people. That’s where TUPE comes in.

TUPE—short for the Transfer of Undertakings (Protection of Employment) Regulations—is designed to safeguard employees when a business or service changes hands. It ensures that staff aren’t just left behind in the transition, but move forward with their terms and continuity protected.

Who Does TUPE Apply To?

TUPE applies when:

• A business is sold as a going concern

• A service provision (like cleaning, catering, or IT support) moves to a new provider

• Two companies merge to form a new legal entity

  
  

Employees assigned to the transferring undertaking automatically become part of the new employer’s team, with their existing contracts and rights intact.

Employer Responsibilities

Whether you're the outgoing employer or the incoming one, TUPE brings clear obligations:

• Inform and consult with affected employees in advance of the transfer

• Share employee liability information including key terms, disciplinary records, and absences

• Recognise continuity of service, rights, and contractual terms post-transfer

  
  

Failing to adhere to TUPE regulations isn’t just a legal risk—it’s a reputational one.

Employees need clarity, empathy, and reassurance during what can be an unsettling process.

Supporting a Smooth Transition

TUPE isn’t just about legal compliance—it’s about managing change well. That means:

• Transparent communication from both parties throughout

• Listening to employee concerns, especially around changes to working practices

• Supporting integration through induction, team-building, and shared purpose

Leadership teams must also consider cultural alignment: how will expectations, norms, and practices mesh across organisations?

Common Challenges

TUPE can feel daunting, particularly for SMEs that may not have dedicated legal teams. Common stumbling blocks include:

• Misunderstanding who qualifies for transfer

• Attempting to change terms and conditions post-transfer without legal basis

• Failing to consult properly or early enough

Having experienced HR guidance—whether internal or outsourced—can help ensure that each step meets both legal and ethical standards.

Turning Complexity into Confidence

At its heart, TUPE is about protecting people. It offers continuity and reassurance during business disruption—and when handled with respect and clarity, it can foster loyalty and long-term engagement.

Whether you’re planning a restructure, bidding on a contract, or preparing to take on a team via transfer, having a clear TUPE strategy is essential. With the right advice and preparation, change can be handled not just compliantly—but confidently.