Cookies on Knowhow Nonprofit

We use cookies in order for parts of Knowhow Nonprofit to work properly, and also to collect information about how you use the site. We use this information to improve the site and tailor our services to you. For more, see our page on privacy and data protection.

OK

Skip to content. | Skip to navigation

Community-made content which you can improve Case study from our community

Contracts and TUPE

When a service provided by a charity moves to a new organisation, the employees may be protected under TUPE law, in which case the employees transfer with the service. A whole charity could transfer, or part of a charity.

The TUPE Regulations apply to both the transferor (old employer) and the transferee (receiving employer).

What does TUPE mean?

TUPE refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006 as amended by the Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014. This is the legal framework that regulates the transfer of staff when services are transferred from one business to another.

The main reason for these regulations is to protect people’s jobs when service provision changes from one service provider to another.

Determining whether TUPE applies

It is not always clear whether TUPE applies. For example, a commissioner may decide to reconfigure services so that activities previously provided by one charity will in the future be provided by several organisations. In this case, the charity previously providing all the activities may not be able to transfer their staff and so may need to go through a redundancy exercise. However, if the service being tendered is more or less the same as that currently being delivered, it is likely that staff will need to be transferred.

Being prepared

If you are bidding to deliver a service, TUPE is one of the key things you must be clear about. The contracting authority should provide guidance, but it is always worth receiving professional HR and/or legal advice.

There are also obligations on the transferor to provide information on their workforce that should enable to transferee to work out the financial implications as part of the bidding process.

Please read our detailed section on TUPE, and take HR or legal advice on whether TUPE applies in your situation.

Advice

NCVO member organisations can receive up to an hour of free HR advice per month from our HR advice line.

 

Page last edited Nov 09, 2017

Help us to improve this page – give us feedback.

1 star 2 stars 3 stars 4 stars 5 stars 2.8/5 from 565 ratings

Find out how-to…

How-tos are written by our users to share practical knowledge.

And if there isn't one already you can write it yourself, or request someone else write it.

See all how-tos