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.

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