Transfer of Undertakings (TUPE)

Whether you’re acquiring a business, outsourcing services, or changing suppliers, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) may apply—and with it, a host of legal obligations. TUPE affects organisations of all sizes across both the public and private sectors, and failure to comply can lead to costly claims and reputational damage.

At Whitehead Monckton our employment law specialists help businesses manage TUPE transfers with clarity, confidence and compliance.

TUPE protects employees when the business they work for changes hands. It ensures that their employment terms and conditions transfer to the new employer, preserving continuity and legal rights.

TUPE applies in two main scenarios:

• Business transfers – when a company or part of it is sold or merged
• Service provision changes – when services are outsourced, retendered, or brought back in-house

If TUPE applies, employees automatically transfer to the new employer on their existing contracts. Employers cannot pick and choose which employees transfer, and dismissals connected to the transfer may be automatically unfair.

TUPE is a complex area of law with many potential traps. It often overlaps with other sensitive processes such as restructures, redundancies, and changes to terms and conditions. Missteps can result in:

• Unfair dismissal claims
• Breach of contract disputes
• Protective awards for failure to consult
• Disruption to operations and morale

Our Employment Law team offers expert legal advice to help you keep matters straightforward. Seeking our advice as early as possible in the process helps you to avoid the pitfalls and potentially expensive consequences.

Our Employment Law team has extensive experience advising on TUPE across many sectors—from manufacturers and property developers to education institutions and public bodies. We translate complex legal requirements into plain English and provide practical, strategic support tailored to your goals.

Our TUPE services include:

• Advice on whether TUPE applies to your transaction
• Guidance on employee consultation obligations
• Drafting and reviewing employee liability information
• Support with communications and managing employee expectations
• Reviewing Asset Purchase Agreements and service contracts
• Advice on post-transfer restructures and harmonisation risks
• Defending claims and resolving disputes

Whether you need a sounding board or full legal project management, we’ll help you navigate the process smoothly and protect your business and your employees.

TUPE often links to wider organisational changes. If you’re planning a restructure following a transfer, we can advise on:

• Lawful changes to roles and responsibilities
• Redundancy processes and selection criteria
• Risks of constructive dismissal or discrimination
• Settlement agreements and exit strategies

We’ll help you balance business needs with legal compliance and employee wellbeing.

We’re known for our responsive, commercially-minded approach. Our clients value our ability to:

• Provide clear, actionable advice
• Anticipate risks and offer solutions
• Communicate sensitively with stakeholders
• Deliver results without unnecessary complexity

Our Employment Law team and expert HR subsidiary, Eclipse HR are trusted by HR teams and senior leadership to ensure TUPE transfers are handled professionally and efficiently.

If you’re buying or selling a business, changing service providers, or planning a restructure, speak to our employment law team today. Early advice can save you time, money and stress.

For expert employment law legal advice, book a consultation today.