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TUPE Transfer Support for Employers
Buying a business, selling one or changing contractor? We guide you through every stage of a TUPE transfer, from due diligence to day one and beyond.
TUPE explained
What Is TUPE, and Why Does It Matter?
TUPE, the Transfer of Undertakings (Protection of Employment) Regulations 2006, protects employees when the business or service they work in moves to a new employer. Staff transfer automatically, keeping their existing terms and conditions and their continuous service.
Whether you’re buying a business, selling one, outsourcing a service or taking a contract over from another provider, TUPE comes with strict duties to inform and consult. Clearpath UK makes sure you meet them and that the transfer runs smoothly for everyone.
When does TUPE apply?
Business Transfer or Service Provision Change?
TUPE applies in two main situations. Knowing which one you’re in shapes your duties and your timeline.
Business transfer
When a business, or part of one, is sold or transferred to a new owner.
WHAT TO KNOW
Service provision change
When a service is outsourced, brought back in-house, or moves from one contractor to another.
WHAT TO KNOW
Your role in the transfer
Buying, Selling or Changing Contractor?
Your duties depend on which side of the transfer you’re on. We support outgoing employers, incoming employers and clients.
Outgoing employer
Selling or losing a contract
You must identify who is transferring, share the right information on time and inform and consult affected staff.
- Identify which employees are assigned to the transfer
- Provide employee liability information at least 28 days before the transfer
- Inform and consult affected employees or their representatives
Incoming employer
Buying or winning a contract
You take on the transferring staff on their existing terms, so you need to know exactly who and what you’re inheriting.
- Carry out due diligence on the transferring workforce
- Tell the outgoing employer about any measures you plan
- Honour existing terms, conditions and continuous service
Client
Outsourcing, insourcing or retendering
You may not employ the staff, but your contracts and decisions shape the transfer and where liabilities land.
- Check who is likely to transfer, and to whom
- Review contract clauses, warranties and indemnities
- Manage information sharing between providers
Step by step
The TUPE Process: Before, During and After
Every transfer is different, but most follow the same stages. We guide you through each one and draft the paperwork.
Planning the transfer
Transfer day
After the transfer
Avoid costly mistakes
Common TUPE Pitfalls
TUPE mistakes can be expensive, and liabilities often pass to the incoming employer. These are the ones we see most.
For transfers since 1 July 2024, if you have fewer than 50 employees, or fewer than 10 people are transferring, you can inform and consult affected employees directly instead of arranging representative elections, provided there is no recognised trade union or existing employee representatives.
Failing to inform and consult
Tribunals can award up to 13 weeks’ pay per affected employee, and the outgoing and incoming employers can both be liable.
Late or missing employee information
The outgoing employer must provide employee liability information at least 28 days before the transfer. Failing to do so can lead to compensation of at least £500 per employee.
Changing terms because of the transfer
Changes made because of the transfer are usually void unless there’s an economic, technical or organisational reason entailing changes in the workforce.
Transfer-related dismissals
Dismissing someone because of the transfer is automatically unfair, unless there is an ETO reason entailing changes in the workforce.
Getting the workforce wrong
Mistakes about who is assigned to the transfer can leave you with the wrong people, or with claims from those left behind.
Forgetting pensions and payroll
Pension duties and payroll set-up need planning, so staff are paid correctly and on time from day one.
Changes coming
Employment Rights Act 2025: Changes That Affect TUPE
Several changes in the Employment Rights Act 2025 will affect how transfers are planned and how terms are harmonised afterwards.
Longer time limits for claims
Employees have six months, rather than three, to bring most employment tribunal claims.
Unfair dismissal after six months
From 1 January 2027, the qualifying period falls from two years to six months. Transferring staff keep their continuous service, so many will be protected from their first day with you.
No cap on compensation
From 1 January 2027, the cap on compensation for unfair dismissal is removed.
Fire and rehire restrictions
From January 2027, it becomes automatically unfair to dismiss someone for refusing certain changes to key terms, which will affect how terms are harmonised after a transfer.
Public sector outsourcing
New rules to prevent a “two-tier workforce” on public contracts are planned, with the detailed regulations still to come.
What we deliver
TUPE Support as a Fixed-Fee Project
From the first question about whether TUPE applies to bringing teams together afterwards, we can manage the whole transfer or support you at key stages.
Fixed scope · Fixed fee · Clear timelineAfter the transfer
Bringing Teams Together After a Transfer
The legal transfer is only the start. How you welcome transferring staff shapes how quickly they settle, and whether they stay. We help you make it work in practice.
For transferring employees
For your existing team
Planning a Transfer? Talk to Us First
Whether you’re buying, selling or retendering, a short call early on can save time, money and claims later.
On your free call
Or call 020 3773 0992
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Related Services
Sectors we support
Where TUPE Comes Up Most
Outsourcing, contract retendering and acquisitions make TUPE a regular issue in these sectors. We know how transfers typically work in each one.
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What Our Clients Say
First Class in Every Aspect
“Absolutely first class with help in every aspect of my business. The knowledge and time invested in me and my business has been exceptional.”
Kept Informed Throughout
“I had an excellent experience with Clearpath. The team was professional, supportive, and kept me informed throughout the recruitment process.”
Long-Term Sickness Resolved
“We spoke to Clearpath in relation to one of our staff who was on long term sick, Clearpath supported us with our difficulties and provided a resolution. Highly recommended.”
Let’s Get Started: Contact Clearpath UK Today
Ready to create a positive, high-performance work environment? Contact our expert team to discuss how we can help.
Book your free consultation today — we’re excited to help your business thrive.
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Frequently Asked Questions
Does TUPE apply if we buy a company’s shares?
Usually not. In a share sale the employer stays the same legal entity, so employees don’t transfer. TUPE is more likely to apply when you buy a business’s assets or take over a service.
Can we change employees’ terms after a TUPE transfer?
Only in limited circumstances. Changes made because of the transfer are usually void unless there’s an economic, technical or organisational reason entailing changes in the workforce, or the contract allows it. Always take advice before making changes.
How much notice do we need to give before a transfer?
The outgoing employer must provide employee liability information at least 28 days before the transfer. Informing and consulting with employees must start long enough before the transfer for meaningful consultation to take place.
What is employee liability information?
Details about the transferring employees, including their identity, age, terms and conditions, any disciplinary or grievance action in the last two years, and any claims or likely claims.
Can you help if we’re the client changing contractors?
Yes. We help clients understand who is likely to transfer, manage information sharing between providers and plan communications with affected staff.