TUPE - Transfer of Undertakings (Protection of Employment)

TUPEThe Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply, in general terms (and subject to certain qualifying conditions), when responsibility for the provision of a service, or management of a particular function or activity, is transferred from one organisation to another.  Cases encountered within the University might include:

  • Research groups moving into, or out of, the University, to or from another establishment
  • Groups of staff transferring to or from a contract service provider

Broadly speaking, the effect of the TUPE Regulations is to preserve the continuity of employment and protect the terms and conditions of those members of staff who are transferred to a new employer.  For example, contracts of employment will continue after a transfer to a new employer as though they had originally been made with the new employer.

The TUPE Regulations, which can apply regardless of the size of the transfer, are complex, and must be applied on a case-by-case basis.  Therefore, there is no specific policy document covering TUPE for the University, although a list of the most frequently asked questions is available.

Where a department becomes aware of a situation that might be covered by TUPE, they should contact HR as soon as possible, who will be happy to provide further guidance and advice.

Adobe Acrobat (PDF) Frequently asked TUPE questions (PDF, 174KB)

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