What is a TUPE transfer?

The term "TUPE" refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246). A "TUPE transfer" is a transfer of a business to which the Regulations apply. The Regulations protect employees when the ownership of the business for which they work changes hands by providing that their contracts of employment transfer automatically to the new employer.

The Regulations apply when the whole or part of an employer's business or undertaking is transferred as a going concern to another employer. They also apply to a "service provision change" where a contract for the performance of a function is outsourced, brought back in-house or transferred to a new contractor.