TUPE is shorthand for the Transfer of Undertakings (Protection of Employment) Regulations 2006, as amended by the Collective Redundancies and Transfer of Undertaking (Protection of Employment) (Amendment) Regulations 2014. These regulations cover the processes that must be followed when a 'transfer of undertaking' applies.

A transfer of undertaking applies in the following circumstances:

• a business (or part of one) is transferred to a new employer, or 
• a service provision change takes place (that is, a service you work in is being outsourced, re-tended or brought back in-house).

If the TUPE regulations apply to you as an employee, your terms and conditions of employment will automatically transfer to the new employer. As an employee, your existing employment contract may be protected, (with the exception of old age, invalidity and survivors' benefits under a pension scheme). You are also protected under TUPE regardless of the size of business or service you work for.

If you are involved in a relevant transfer that qualifies for TUPE protection, you should be assured that your:

• job transfers over to the new company
• employment terms and conditions transfer over
• continuity of employment is maintained
• new employer cannot change your terms except in limited circumstances, and 
• you have enhanced protection against dismissal if you have sufficient length of service.   

TUPE is a specialised area in law and if you are involved in this process, please see 'RCN support' below.

Under TUPE regulations, both your current and new employers have an obligation to provide certain information and consult with your representatives prior to the transfer. They must share the following information:

• the fact of the transfer, its approximate date and the reasons for it
• the legal, economic and social implications of the transfer for the affected employees
• any measures that either employer envisages they will take in respect of the transfer or the fact that no measures will be taken. The word 'measure' means any action, step or arrangement including redundancies; and
• information relating to the use of agency workers.

The employers must also consult with your representatives at work with a view to seeking their agreement. The information must be provided to the representatives long enough before the transfer to enable consultation to take place. The representatives may be union representatives recognised for collective bargaining or staff members who have been elected to represent affected employees. A change in the law in 2024 means that a business with less than 50 employees can consult directly with individual staff if they do not already have worker representatives in place.

Employers must include all affected employees when informing and consulting about the transfer. This includes employees who are on maternity leave, adoption leave, shared parental leave and carer's leave. Prior to going on leave, you should have a conversation with your manager to talk about how you'd like to stay in touch.

While you are on maternity leave your employer must inform you about any important changes that might affect you, such as TUPE. If your employer fails to do so, this could be discrimination.

Use our checklist

We have produced a checklist that may help you prepare for any meetings you attend. Please keep copies of all documentation you receive in relation to a proposed/actual transfer. They will be needed if the new company attempts to make changes after the transfer has taken place. 

TUPE is a specialised area in law and if you are involved in this process, please see 'RCN support' below.

As an employee, you have the right to object to the transfer with either the transferor or the transferee, however, this objection would automatically terminate your contract on the transfer date.

This would not be treated as a dismissal in law, meaning there will be no right to claim unfair dismissal nor any entitlement to any statutory or contractual compensation on termination (except where you object and resign due to a fundamental breach of contract by the employer, or because the transfer would involve a substantial detrimental change in your working conditions).

Always take advice if you are thinking of objecting to a transfer. Objecting to a transfer has significant implications on your employment rights and we strongly recommend you contact us for more advice before proceeding to object.

On the date of transfer your employment contract is taken over by your new employer. This means your start date and terms and conditions remain the same as they did with the former employer.

Any changes that are due to the transfer itself are void and unenforceable, except where there is an economic, technical or organisational reason for the change or changes and either:

• the employee agrees to the changes, or
• the contract of employment allows for the change.

ACAS has more on this.

Changes that are unrelated to the transfer can be made, but if this is the case you and your employer must follow the usual process for any change of contract. Please read our guidance on contracts for more information on this.

Please see 'RCN support' below if either your current employer or future employer tries to change your terms and conditions of employment in connection with the transfer.

Redundancy after a transfer

A redundancy situation may arise post-transfer by reason of the transfer, for example, restructuring and dismissal by reason of redundancy may be permissible under TUPE as an economic, technical or organisational reason. Please see our guidance on redundancy and reorganisation and see 'RCN support' below if you are in this situation.

The Social Partnership Forum (SPF) has developed a staff transfer guide for staff in the NHS who are transferring from a job within the NHS under TUPE. It outlines the types of transfers that may occur, for example, transferring to a job in a local authority. It also explains what you can expect to happen to your terms and conditions of employment, including your NHS pension. SPF has produced a list of FAQs that are very helpful.

'Dynamic' and 'static' transfers

You may hear the term 'dynamic Agenda for Change' used to describe a contract for the transfer of a service outside the NHS. This means there is an agreement with the new organisation to mirror changes to previous terms and conditions after the transfer. This may include a pay rise, depending on the terms of the contract. In some cases, termed a 'static TUPE', the contract will not mirror the changes to previous terms and conditions and therefore you would not benefit from changes to any NHS terms and conditions made after the transfer (for example a pay rise). If you are unsure of your transfer status, you can check your contract of employment or speak to your local HR officer. If you have any concerns, see 'RCN support' below.

The above applies to staff who work for an NHS employer in England. If you are transferring to a job in another part of the UK, you should discuss the implications of your employment status with HR and see 'RCN support' below.

Being involved in a transfer process can be unsettling, particularly when you're unsure what to expect. This guide is here to help you understand the process, your rights, and the support available from the RCN, so you can feel informed and supported every step of the way.  

If you’ve received notification of transfer 

Get in touch with us for advice and support.  

It is good practice for employers to offer employees the right to be accompanied to one-to-one meetings where they are proposing service reconfiguration, redundancies or transfers. However, there is no automatic right to accompaniment or for trade union representation, unless your employer's policy allows for this. 

Before contacting us, start gathering evidence or supporting information that you might have. 

This could include: 

• the notification letter that your employer has given you 
• copies of any consultation documents or proposals you have been sent 
• relevant emails, messages or other paperwork 
• your own diary of events; who you spoke to and when 
• medical evidence, if health issues are relevant to your issue.

To receive local support from the RCN, you need to be in the correct category of membership at the time of the notification of reconfiguration, redundancy or transfer. RCN attendance at any one-to-one meetings will be assessed on a case-by-case basis. Please read our redundancy and reorganisation: one-to-one meeting checklist to help you prepare. 

Disputes and discrimination 

It is also important to seek advice from us: 

• you are considering resigning instead of going through the process 
• you feel you are being treated differently to your colleagues because of a ‘protected characteristic’ – see our discrimination advice guide for more 
• you want to object to the transfer 
• either your current employer or future employer tries to change your terms and conditions of employment in connection with the transfer 
• if you feel you are being pressurised into a decision that you do not want to make. 

Redundancy, voluntary redundancy and severance 

A redundancy situation or change of employment terms and conditions may arise post-transfer by reason of the transfer, for example, restructuring and dismissal by reason of redundancy may be permissible under TUPE as an economic, technical or organisational reason.  

Read our guidance on redundancy and reorganisation and contact us for further support.  

Not in RCN membership? 

If you were not in RCN membership at the time you were notified of the proposed transfer, please read our advice on accessing support for matters which occurred outside RCN membership. The RCN will be unable to offer you representation on this occasion.  

Immigration status 

If you are working in the UK on a visa, please visit Immigration: your questions answered for more information about possible impact on your immigration status, depending on what happens next. 

Other sources of support 

These processes can be challenging but the RCN is here to support you. If you need emotional support, please contact us. Our Counselling team may be able to help you. Find out more about our Counselling service. 

You may find our other member support services helpful – such as the peer support service, careers service and the Immigration advice service, depending on your circumstances. Our careers service has produced guidance for members on manging your career through a redundancy or reorganisation process. 

If you may have financial difficulties because of what is happening, see our financial wellbeing resources from our Welfare team.  

You might also benefit from independent financial advice. As a member of the RCN, you’re entitled to a complimentary, no obligation consultation from Quilter Financial Advisers. 

ACAS - transferring to a new employer

Changing a contract after TUPE

Social Partnership Forum: staff guides

TUPE and pensions