Recognise whether or not TUPE applies to a transfer
Key points
In basic terms, a TUPE transfer takes place when a business is sold or transferred to another employer.
The TUPE legislation sets out two definitions of transfers to which TUPE applies; as well as the transfer of the ownership of a business as a going concern under the standard definition, TUPE can also apply to "service provision changes". It can therefore apply where, for example, a contract for the performance of a service is outsourced.
There have been numerous cases covering the various scenarios when TUPE does or does not apply.
