BLOG
TUPE Advice for Employers
Written by Susie Lockheart (Updated 17th April 2026)
The Employment Rights (Amendment, Revocation, and Transitional Provisions) Regulations, which took effect in January 2024, made changes TUPE laws. In this guide by our UK employment law specialists, we explore the changes, recap what the regulations entail, and cover the potential impact on business transfers.
Do you need support?
Speak to us for an honest, no obligation chat on:
0345 226 8393 Lines are open 9am – 5pm
What are the TUPE Regulations?
The Transfer of Undertakings (Protection of Employment) Regulations, commonly known as TUPE, are designed to protect employees when a business or service they work for transfers to a new employer. They ensure employees retain their terms and conditions of employment and prevent unfair dismissal due to the transfer.
TUPE applies to a wide range of transfers, including mergers, sales of businesses, and outsourcing or insourcing of services.
Under TUPE, both the outgoing and incoming employers have specific obligations. The outgoing employer must provide detailed information about the transferring employees to the incoming employer, and both must inform and consult with employees or their representatives about the transfer. This ensures a smooth transition and continuity of employment for the affected employees, safeguarding their rights during what can often be a complex and uncertain time.
How the TUPE changes affected the consultation process
Under TUPE, where there’s a relevant transfer, the transferor and transferee must consult with employee representatives. If there are no representatives in place, then in most circumstances, it’s necessary to elect them.
Small businesses (those with fewer than 10 employees) are exempt from having to elect representatives. Under the new regulations, this exemption will be extended to:
- Employers with fewer than 50 employers; or
- Employers of any size involved in a transfer of fewer than 10 employees.
If either of these apply, the you’ll be able to consult directly with affected employees, where no existing employee representatives are in place. This applies to transfers taking place on or after 1st July 2024.
This change makes the consultation process less burdensome businesses during transfers. Direct consultation with employees can save time and reduce the administrative workload, simplifying compliance with TUPE requirements, and directly address any concerns of redundancies.
The change also reflects existing industry practices, which is often to directly consult in small transfers in any event.
TUPE transfer advice for employers in 2026
Understand eligibility
Ensure you’re aware of whether your business qualifies for the latest exemptions. Specifically, determine if you have fewer than 50 employees or if the transfer involves fewer than 10 employees.
Update policies
Revise your internal policies to incorporate the direct consultation provisions, ensuring they align with TUPE regulations.
Train management
Provide training for managers and HR personnel on the latest consultation process to ensure they understand how to conduct direct consultations effectively and compliantly.
Document consultations
Keep thorough records of all direct consultations with employees. This documentation will be crucial if any disputes arise regarding the compliance of the transfer process.
Communicate clearly
Maintain open and transparent communication with employees throughout the transfer process. Clear communication helps build trust and can alleviate concerns employees may have about the transfer.
Ensure smooth TUPE transfers with specialist support
TUPE is a particularly tricky area of employment law. Our employment law and HR experts are here to help you navigate the complexities of employee rights and employer obligations during transfers. Your dedicated team will guide you through every step of the process, ensuring compliance with the law and protecting your business interests.
What’s more, our fixed-fee service ensures you have access to the legal expertise you need without unexpected costs.
For more information, get in touch today on 0345 226 8393 or request your free consultation using the button below.
