To put it plainly, TUPE ensures that when employees transfer to another business, they retain their current terms and conditions. We have worked with many Practices who have merged over the years to ensure that they are complying with the regulations that are dictated by TUPE.

Over the coming weeks we will be looking at what the obligations are for all parties involved and what the TUPE process involves. In this article we will look at what situations TUPE applies and how to determine who is eligible to transfer.

When does it apply?

There are two areas where TUPE will apply:

  • Business Transfers – this is where a business or part of a business moves to a new employer. A typical example of this would be when two Practices merge into a new entity. All employees from both Practice would TUPE transfer into the new entity.
  • Change in service provision – This can be another common one in General Practice. For example if a contract for delivery of services comes to an end, it will then be put out to tender again. All the individuals who have been assigned to work on that contract would be TUPE transferred. Determining who would transfer can be tricky at times, but we will cover this further on in the post.

Other examples of changes in service provision could be when a service is delivered in house, such as cleaning, but the organisation decides to go out and tender the service. Or vice versa, an organisation may decide to bring a service in house which they had outsourced in the past. The individuals specifically working on the contract for the organisation may be eligible to be TUPE transferred.

Who is eligible to be TUPE transferred?

Deciding who is eligible to TUPE transfer can sometimes be a bit of a headache. It is straight forward in the case of business transfers as all employees’ transfer, however when it comes to transfers due to changes in service provision, these can be somewhat more complex. In some cases it can be very clear cut where individuals spend 100% of their time working on the contract, however others may have a spread of duties which aren’t solely focused on the contract. In this scenario it is advisable to get some advice, which is what our team of HR advisers is here for. As part of your membership you can access our advice and support for FREE.

If you are looking for support with TUPE or any other employee matters, please call us on 0117 970 2755 or you can email amy@almc.co.uk

You can also find further information on TUPE at Direct Gov