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Q: What is a TUPE transfer?

A: The Transfer of Undertaking (Protection of Employment) Regulations are often referred to as “TUPE”. A TUPE transfer takes place when there is a transfer of business to which the Regulations apply.

The purpose of these regulations is to protect employees when the ownership of a business transfers from one company to another and allows their contracts of employment to automatically transfer to the new employer.

The Regulations are applicable when either the whole or part of a business or undertaking transfers as a going concern to another employer or when there is a service provision change and a function of the business is outsourced, transferred to a new contractor or brought back in-house. For example, a TUPE transfer would take place if the catering function within a business was transferred to an outsourced catering company.

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