Buying or selling a business, or bringing a service in-house or outsourcing it? TUPE may apply — and it comes with strict legal duties. We guide Sussex and Surrey employers through the whole process, from due diligence and consultation to a smooth day one.
Buying or selling a business or part of one
Bringing an outsourced service back in-house
Outsourcing a service to a contractor
Changing a supplier who provides a service
The Transfer of Undertakings (Protection of Employment) Regulations, or TUPE, protect employees’ terms and continuity of employment when a business or service transfers from one employer to another. If TUPE applies, affected staff move across on their existing terms, and both the outgoing and incoming employers have legal obligations to inform and consult.
For a growing business handling an acquisition, sale or outsourcing arrangement, TUPE is often the part that catches people out. Get the consultation or information duties wrong and the transfer can be derailed — or land you with a significant financial award.
That’s where MJV Consulting comes in. We project-manage the HR side of your transfer end to end, so it’s compliant, well-communicated and as smooth as possible for everyone.
TUPE comes with clear duties, and following them gives everyone certainty. Both employers need to inform, and where appropriate consult, employee representatives about the transfer and what it means for them — doing this properly keeps the process smooth and your employees reassured.
A few other points are worth planning for: dismissals connected to a transfer need a valid economic, technical or organisational reason, and changing transferred employees’ terms is carefully regulated. With the right preparation, all of it is straightforward to get right.
As part of our HR Projects service, we manage the entire people side of your transfer, keeping you compliant at every stage.
We confirm whether TUPE applies, identify who transfers, and build a clear project plan and timeline covering every legal duty on both sides.
We handle the employee liability information, review contracts and terms, and flag risks and liabilities before they become problems.
We manage the information and consultation process with employee representatives — with all the letters, meetings and communications prepared.
We support a smooth day one and beyond — onboarding transferred staff, managing any measures, and advising on post-transfer changes.
The framework we work through with every client — and the
version we’re happy to talk through on a free discovery call.
We give SME businesses the specialist project management usually reserved for large organisations.
✓ End-to-end management of the HR side of your transfer
✓ Support for both transferring-out and transferring-in employers
✓ Clear guidance on consultation, timelines and liabilities
✓ All communications, letters and templates prepared for you
✓ Practical advice on post-transfer changes and harmonisation
TUPE — the Transfer of Undertakings (Protection of Employment) Regulations — protects employees when a business or service moves to a new employer. It typically applies when a business is sold, or when a service is outsourced, brought back in-house or moved between providers. If you’re buying, selling or changing a contractor, it’s worth checking early whether TUPE applies. We’ll confirm it for you.
Employees who transfer keep their existing terms, conditions and continuous service — they move across on the same footing, as if their employment had always been with the new employer. Their length of service, holiday and contractual terms all carry over. Understanding this upfront makes the whole transfer smoother, and we’ll help both sides prepare.
Yes. Both the outgoing and incoming employers must inform, and where appropriate consult, affected employees through their representatives about the transfer and anything that affects them. Doing this properly keeps employees reassured and the process on track. We’ll manage the information and consultation so nothing is missed.
Changes are tightly restricted. Variations to terms are void if the main reason is the transfer itself, even where the employee agrees — though changes for a genuine, unrelated reason, or an economic, technical or organisational reason involving changes to the workforce, may be possible. It’s an area worth planning carefully, and we’ll advise on what you can and can’t do.
The outgoing employer must give the incoming employer specified information about the transferring employees — such as identity, terms, and any disciplinary, grievance or legal matters — at least 28 days before the transfer. It gives the new employer a clear picture of who and what they’re taking on. We’ll help you prepare or check this information thoroughly.
Where the duty to inform and consult isn’t met, a tribunal can make a protective award of up to 13 weeks’ pay per affected employee. The reassuring news is that it’s entirely avoidable with proper planning — the duties are clear once you know them. We manage the whole people side of transfers so you can be confident it’s done right.
A dismissal is automatically unfair if the main reason is the transfer, unless it’s for a genuine economic, technical or organisational reason involving a change in the workforce. Any redundancies around a transfer therefore need careful justification and a fair process. We’ll help you handle any workforce changes lawfully and sensitively.
An employee can object to transferring, but the consequences are significant — in most cases their employment simply ends at the point of transfer, usually without redundancy pay. It’s an area where people can misunderstand their position, so clear information matters. We’ll help you communicate it fairly so no one feels caught out.
ETO stands for an economic, technical or organisational reason entailing changes in the workforce. It matters because dismissals or contract changes linked to a transfer are usually only defensible where a genuine ETO reason exists. Getting this right is what separates a lawful reorganisation from a risky one, and it’s exactly the sort of thing we’ll help you think through.
Accrued holiday and continuous service carry across with the employee, so their length of service is protected as if nothing changed. Pensions are treated differently and there are minimum obligations the new employer must meet, though the detail varies. We’ll map all of this out before the transfer so there are no surprises on either side.
Your employees deserve a workplace where they can thrive and so does your business. Contact MJV Consulting to explore how our solutions can transform your organisation.
