Under TUPE, an employee whose organisation or work role is transferred to another organisation automatically becomes an employee of the new organisation. The new employer may not dismiss the employee or vary their existing terms of employment for reasons that arise solely or principally from the transfer. Employees’ accrued benefits (such as holiday entitlement) and continuity of service are also protected.

TUPE only protects the rights of employees. It does not cover self-employed workers such as freelancers and contractors.

This factsheet explains when TUPE applies, the obligations it places on employers and employees’ rights under TUPE.

Employment law is a complicated area of business and this factsheet is intended as a starting point only. Professional advice should be sought before any decisions are made.