Does TUPE apply to me?
Answer 5 quick questions to find out whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 apply to your situation — and what your rights are.
Step 1 of 5
Is your employer changing?
For example: the business is being sold, the contract you work on is changing hands, or a service is being outsourced or brought back in-house.
What is TUPE?
TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations 2006. It protects employees when the business or service they work for changes hands. Under TUPE, your employment automatically transfers to the new employer on the same terms — your pay, hours, holidays, and other conditions cannot be reduced because of the transfer.
TUPE applies to two types of transfer: business transfers (a business or part of it is sold or transferred) and service provision changes (a service is outsourced, re-tendered, or brought back in-house).
If TUPE applies and you are dismissed — before or after the transfer — the dismissal is automatically unfair from day one, with no 2-year qualifying period. The exception is where the employer can demonstrate an economic, technical, or organisational (ETO) reason for the dismissal.
This checker gives general guidance only and is not legal advice. For your specific situation, consult an employment solicitor or contact ACAS for free advice.