Transfer of Undertakings (Protection of Employment) TUPE

If your community group or organisation is facing amalgamation with (or take over by) another organisation and you already have paid staff, you will need to consider the legal process of transferring those staff to the new organisation. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects employees' terms and conditions of employment when a business is transferred from one owner to another.

 It enables the employees of the previous organisation to retain the terms and conditions of employment and to automatically become employees of the new organisation. Their continuity of service and any other rights are all preserved. Both old and new employers are required to inform and consult employees affected directly or indirectly by the transfer.