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To put it plainly, TUPE ensures that when employees transfer to another business, they retain their current terms and conditions. We have worked with many businesses who have merged over the years, to ensure that they are complying with the regulations that are dictated by TUPE. Over the coming weeks we will be looking at what the obligations are for all parties involved and what the TUPE process involves. In this article we will look at what situations TUPE applies and how to determine who TUPE applies to.

When does TUPE apply?

There are two areas where TUPE will apply:

  • Business Transfers – this is where a business or part of a business moves to a new employer.
  • Change in service provision – An example of this is when a business delivers a cleaning service in house, but decide to outsource it to a cleaning company. The individuals who have been employed by the business to clean the business premises would TUPE transfer to the outsourced cleaning company.

How to determine who is eligible to be TUPE transferred

Deciding who is eligible to TUPE transfer can sometimes be a bit of a headache. It is straight forward in the case of business transfers as all employees’ transfer, however when it comes to transfers due to changes in service provision, these can be somewhat more complex. In some cases it can be very clear cut where individuals spend 100% of their time working on the service, however others may have a spread of duties which aren’t solely focused on the one service. In this scenario it is advisable to get some advice, which is what our team of HR advisers is here for.

If you are looking for support with TUPE or any other employee matters, please call us on  0800 953 4020 or you can email amy@lmcukservices.co.uk