TUPE
Rules protecting employees' terms when a business or service transfers to a new employer.
TUPE — the Transfer of Undertakings (Protection of Employment) regulations — protects employees when the business or service they work in transfers to a new employer, whether through a sale or a change of service provider. Affected employees generally move across on their existing terms and conditions.
The rules derive from the EU Acquired Rights Directive and apply across Ireland, the UK and the wider EU under national implementing law. They require that continuity of employment is preserved, that most terms cannot be worsened simply because of the transfer, and that employees are informed and, where appropriate, consulted.
For employers on either side of a transfer, TUPE demands careful due diligence, accurate employee data, and a compliant information and consultation process. Getting it wrong can lead to significant claims.
