Transfer of Undertakings (Protection of Employment) Regulations 2006
What this means for your business
- Applies to
- United Kingdom
- On this page
- 6 compliance obligations, 4 practical guides across 2 topics
What you must do
6 compliance obligations under this legislation.
Management duties 5
Arrange a fair election of employee representatives
When a business is transferred under TUPE, you must set up a fair election of employee representatives who will be consulted about the transfer. You need to decide how many reps are needed, whether they represent all staff or specific groups, set their term of office, allow all affected employees to vote in a secret ballot and ensure the votes are counted accurately. If a elected representative later steps down, you must run a new election to fill the vacancy.
File a claim within 3 months if liability info not supplied after a business transfer
If your business takes over another company and the seller has not given you the employee liability information you are entitled to, you must bring a complaint to an employment tribunal within three months of the transfer (or within any extra time the tribunal allows). Acting within this window safeguards your right to compensation from the transferor.
Inform and consult each affected employee individually
If your business has fewer than 50 staff or fewer than 10 employees who will transfer, and you have no recognised employee representatives (and haven’t asked staff to elect any), you must give the TUPE information and carry out the required consultation directly to each affected employee, as if each of them were a representative.
Inform and consult employee representatives before a business transfer
If you are planning to sell or outsource part of your business (a TUPE transfer), you must give the employee representatives (trade union or elected reps) enough notice about the move and its effects. You need to provide details of the transfer, its reasons, the legal, economic and social implications, any measures you intend to take (or not), and information about agency workers. You must also consult with them, consider their comments and respond, allowing them access to staff and suitable facilities.
Inform and consult employee representatives before a business transfer
If your business is being transferred to a new owner, you must give the affected employees' representatives (or trade union) the required information and hold a proper consultation as set out in TUPE regulations. Failing to do so can lead to an employment‑tribunal claim and you may have to pay compensation to the affected staff.
Notifications 1
Provide employee liability information to the transferee before a transfer
If you are transferring part or all of your business to another company, you must give the buyer a written (or easily accessible) pack of information about every employee who will move with the business. The pack must include personal details, employment terms, any recent disciplinary or grievance matters, relevant court claims and any collective agreements that will continue after the transfer. This must be done at least 14 days (and no more than 28 days) before the transfer, and you must inform the buyer of any changes afterwards.
Practical guidance
Our guides explain how to comply with the requirements above.
Change from sole trader to limited company
How to incorporate your sole trader business as a limited company. Covers the incorporation process, transferring assets, tax implications, and …
TUPE: protecting employees during business transfers
How the Transfer of Undertakings (Protection of Employment) Regulations 2006 protect employees when a business changes hands. Covers when TUPE …
Understand TUPE employee transfers
How TUPE regulations affect business acquisitions. Covers automatic employee transfers, protected terms, inherited liabilities, and consultation requirements.
What happens on completion day
Detailed timeline and checklist for business acquisition completion day covering funds transfer, legal documentation, physical handover, and immediate notifications.
Sections and provisions
24 classified provisions from this legislation.
Duties 6
- s.11 Notification of Employee Liability Information The transferor
- s.12 Remedy for failure to notify employee liability information a person
- s.13 Duty to inform and consult representatives affected employees
- s.14 Election of employee representatives
- s.15 Failure to inform or consult other failure relating
- Variation to the duty to inform and consult where Variation to the duty to inform and consult where no appropriate representatives of the affected employees
Definitions 4
Exemptions 9
- Schedule 1 APPLICATION OF THE REGULATIONS TO NORTHERN IRELAND
- s.4 Effect of relevant transfer on contracts of employment
- s.7 Dismissal of employee because of relevant transfer
- s.8 Insolvency
- s.10 Pensions
- s.16 Failure to inform or consult: supplemental
- s.18 Restriction on contracting out
- s.21 Transitional provisions and savings
- Effect of relevant transfer on contracts of employ Effect of relevant transfer on contracts of employment which incorporate provisions of collective agreements