When you buy or sell a business, you need to think TUPE, the Transfer of Undertakings (Protection of Employment) Regulations 2006. And it also applies when a service provision changes, for instance, switching your contractors and clients. While the required legislation may seem complex, our top tips for TUPE transfers can help your plans.
Changes can be hugely disruptive to both businesses involved. Whether it’s a TUPE in, or a TUPE out, having the right steps highlighted in advance will help ensure a seamless transition. And minimise the problems that you might encounter.
At Hunter Adams, we’ve worked with clients across the UK to TUPE around 10,000 staff in recent years. So we wanted to share our top tips for TUPE transfers to help you avoid some of the common pitfalls.
Our Top Tips for TUPE Transfers:
- Decide whether TUPE applies (or not) prior to any planning.
- If TUPE doesn’t apply in your opinion, get a legal opinion. Things are not often as they seem.
- If staff are to move internally within a company or group of companies, a TUPE may apply.
- Be open about future plans. As soon as you know a TUPE is coming you have the duty to be open and consult about the future. That applies whether or not the future may look challenging.
- Have a clear plan that looks at planning and preparation, information and consultation, transition and review.
- Be aware of the need to have employee representatives for collective consultation. And build that process into your timeline.
- Be aware of unionisation, and the need to consult with the right people.
- Remember this involves people. So don’t only focus on getting the process right. Think about how it’s managed and communicated to everyone potentially affected.
- As a new employer, you only get one chance to make a good first impression. So take the time to explain to your future workforce why they should want to come and work for you. What is your value proposition?
- Get your managers together and compile a list of the questions and answers that are likely to come up during the process. Keep that listing live and updated throughout. You really don’t want to look like a shambles if you’re put on the spot.
Need more support co-ordinating TUPE Transfers?
We have a wealth of experiencing in the various permutations for TUPE Transfers, and have put the processes in place for thousands of staff across the UK. If you’d like to get support and guidance, then please get in touch.