Sample TUPE Q&A for employees
This sample TUPE Q&A for employees provides answers to common questions employees may have during a business transfer.
Published: 13 February 2025 | by Brightmine | Reviewed by Robert Shore, HR Markets Insights Editor at Brightmine
TUPE, a UK employment law, ensures stability and fairness during business transfers. It protects employee rights and requires employer compliance to avoid severe financial penalties.
During a transfer, employees are likely to have questions related to their position and their future. This sample TUPE Q&A for employees provides answers to common employee questions.
What is TUPE?
TUPE is an acronym for the Transfer of Undertakings (Protection of Employment) regulations. It is a UK employment law designed to protect employees when a business changes ownership. The TUPE process ensures that workers’ rights are preserved during the transition to a new employer. This applies regardless of the business’s size or whether its head office is located outside the UK, as long as the transferring part of the business operates within the UK.
When does TUPE apply?
TUPE applies when a business transfers legal ownership, typically through a sale, management takeover or merger. Under TUPE, employees’ jobs transfer to the new owner along with their existing terms and conditions of employment. This means aspects such as salaries, benefits, and working hours remain intact. Importantly, employees’ length of service is also preserved, ensuring continuity of employment.
However, TUPE protection has some exceptions. Employees’ jobs may not transfer if they are made redundant or if the business is insolvent, although even in insolvency cases, certain protections may still apply.
Top tip
If you’re not sure if your business transfer is subject to TUPE process, contact ACAS (the Advisory, Conciliation and Arbitration Service) or Citizens Advice.
What do employees need to know about TUPE?
Employees may feel anxious about their job when a business changes ownership, fearing potential disruption to their roles. TUPE aims to alleviate these concerns by safeguarding employees’ rights and fostering workforce confidence during business transfers. However, many employees may be unfamiliar with the TUPE process, how TUPE works and the protections it can give them.
When a business changes hands, typical employee concerns include:
- Is my job safe?
- Will my salary change?
- Will my working hours change?
- Will my title remain the same?
- Will I lose seniority?
- Will my benefits remain the same?
- Will the change of ownership impact my pension?
For employees, these are not trivial concerns, so it is essential that employers inform their workers of the business transfer, how it will impact employees, and the TUPE process as soon as is practicable.
Sample TUPE Q&A for employees
The Q&A below covers many of the common concerns voiced by employees during a business transfer. Our answers to these frequently asked questions may be used by business owners to explain the TUPE process to their employees.
Important note: This Q&A is a general sample. Because no two business transitions are the same and every employer has different circumstances, it is important that business owners make changes to the given answers that reflect their unique situation. Additionally, to ensure compliance, it is recommended that employers seek legal advice before using any explanatory sample or template.
TUPE Q&A for employees
Clear answers to common employee questions about TUPE:
What is TUPE?
TUPE (Transfer of Undertakings Protection of Employment) is a UK law that’s designed to safeguard job security during business transfers. It ensures that your employment contract, including pay, terms, and conditions, are transferred to your new employer without any changes. TUPE can also protect you against unfair dismissal linked to the change of business ownership if you have more than two years’ service.
How do I know if I’m covered by TUPE?
You’re covered by TUPE if the business that you work for, or part of it, is being transferred to a new employer, or there’s a service provision change, like outsourcing or bringing services in-house. Note that when only part of the business is being transferred, employees must work for that unit, department or entity to be covered by TUPE. [Insert employer name] will be informing and consulting with you about the upcoming transfer and any impact on your role.
If you’re still not sure, please talk to the HR department, your union representatives, or seek legal advice.
Is there a notice period for TUPE?
There’s no fixed period of time for employers to inform and consult employees and their representatives in a TUPE transfer. However, we are required to inform and fully consult with you at least 30 days before the transfer. You can discover more on this topic here.
What is the timeline for the TUPE process?
Because TUPE applies during a change of business ownership, which can often be complex and time consuming, there is no set timeline for the TUPE process. However, as said above, we shall inform and consult with you at least 30 days in advance of the business transfer.
The period of protection afforded to you by TUPE is indefinite. Changes to the terms and conditions of your employment are prohibited if they are caused by the transfer, even if the changes occur some years after the transfer took place.
Can my salary be reduced under TUPE?
No. Under TUPE, your existing employment terms and conditions stay the same. Your new employer cannot force you to accept a lower salary or other detrimental changes to your terms and conditions. As you’ve been employed by [insert employer name] for at least two years, you are also protected against unfair dismissal.
Can I get a pay rise under TUPE?
Possibly. You may be able to negotiate a pay rise with your new employer, but you are not guaranteed an upgrade in compensation. Under TUPE, you will transfer to your new employer with the same pay and terms and conditions that you currently have.
How long will TUPE consultation last?
There is no set time period for employers to inform and consult employees and their representatives in a TUPE transfer. However, the law states that we must allow enough time to inform and fully consult before the transfer date.
Do part-time employees transfer under TUPE?
Yes. TUPE protects all employees, regardless of their contract type. This includes full-time, part-time, temporary, and fixed-term employees.
Can I get demoted under TUPE?
When you transfer to a new employer under TUPE, you are protected from any change to your contract of employment that occurs because of the transfer. This means you cannot be demoted if the demotion is a direct result of the transfer. However, you could be demoted for other reasons that are not connected to the transfer – for example, a lapse in your work duties.
Can I be made redundant during TUPE?
Yes. Even though TUPE is designed to protect your existing employment terms and conditions, you could be made redundant if there is a genuine business need, such as economic, technical, or organisational (ETO) reasons that require [insert employer name or “your new employer“] to make changes in the workforce.
When will I know if I’ve been made redundant?
TUPE sets specific rules regarding redundancies made due to a change of business ownership. The actions and timelines are as follows:
Initial employee notification
As soon as the transfer is planned
Consultation with employees
At least 30 days before transfer (45 days if 100+ employees)
Provision of employee liability information
At least 28 days before transfer
Redundancy selection process
Post-transfer, if necessary
Implementation of redundancies
After consultation and notice period
How long is my job protected under TUPE?
TUPE indefinitely protects your job from changes that are a direct result of the business transfer. There is no expiry period. However, TUPE cannot protect you from job changes, redundancy or dismissal if they are caused by other factors, such as an economic issue that requires [insert employer name or “your new employer“] to make changes to the workforce.
Does TUPE protect my pension?
TUPE does not fully protect occupational pension rights. Your accrued pension benefits will remain with the original scheme and your new employer must provide a comparable pension scheme to the one you have now. However, your new employer is not obligated to offer you the same pension benefits as the employees who already work for them.
Other TUPE Q&As to consider
More useful information for employers about the TUPE process:
Can an employee reject TUPE?
Yes. If employees do not want to transfer to the new employer, they can refuse. However, if an employee refuses to transfer, they cannot usually claim for:
- Redundancy pay.
- Unfair dismissal.
If an employee does not want to transfer, they must tell their current employer in writing. This could be by letter or electronically.
What are the consequences of TUPE noncompliance?
Employers that fail to meet their duty to consult and inform under TUPE regulations can face significant financial penalties. Compensation of up to 13 weeks’ gross pay may be awarded to each affected employee, with no cap on the amount. The liability for compensation can fall on either the outgoing or incoming employer or be shared between them.
Additionally, if the outgoing employer fails to provide required employee information to the incoming employer, the latter can seek compensation through a tribunal. The penalty, paid to the new employer, starts at a minimum of £500 per affected employee for incomplete or missing information, with no maximum limit.
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