TUPE
What is TUPE?
TUPE stands for Transfer of Undertakings (Protection of Employment) and occurs when a service is transferred to a new provider; it is designed to protect your employment.
This applies when a buyer of services, such as security, chooses to leave one supplier and move to another. The individuals delivering that service are protected from losing the work and the contractual terms that they work under because the incoming supplier must honour them.
Every TUPE transfer may be different, but the usual process involves the following:
- the outgoing and incoming employers identify and agree who is eligible for the transfer
- the outgoing and incoming employers inform and consult employees who are affected by the transfer – typically any employee assigned to the contract for all or most of their working hours; there is no minimum hours threshold
- the outgoing employer provides the incoming employer with information about the employees who are transferring, including their terms and conditions of employment, such as pay rate, shift patterns, and any contractual enhancements to parental leave, paid sickness absence, pensions, etc
- the eligble employees that opt to do so, transfer to the incoming employer along with their employment contracts and length of service
Where can I find more information?
ACAS provides clear guidance on your employment rights during a TUPE transfer:
FAQs
If you work “wholly or mostly” on the contract that is being transferred:
- You are likely eligible for transfer under TUPE.
- You must contact your line manager or the outgoing security provider as soon as possible to confirm if you wish to transfer and receive your next steps.
- If you wish to transfer employment to the incoming security provider, your contractual terms and conditions are protected.
If your work is not “wholly or mostly” based on the contract that is being transferred:
- If you do not meet the “wholly or mostly” criteria, you will remain an employee of the outgoing security provider.
Speak to your current line manager for more information.
Your terms and conditions of employment automatically transfer to your new employer.
This includes:
- pay, including any overtime pay
- hours and shift patterns
- contractual bonuses
- commission
- sick leave and pay
- holiday leave and pay
- allowances
- insurance-based benefits
Whether your pension will transfer to the new employer will depend on if you have:
- a personal pension – a pension that you arrange yourself
- a workplace pension – a pension arranged by your employer
If you have a personal pension, your pension rights will automatically transfer to your new employer. This means your new employer must pay the same amount into your personal pension as before the transfer.
If you have a workplace pension, it will not transfer to your new employer, as it is exempt from TUPE. This means your new employer does not have to continue the same pension, but they must provide a reasonable alternative scheme.
