TUPE Transfer Process: Timeline and Steps

A TUPE transfer involves careful planning and specific legal steps. Understanding the process helps both employers navigate their obligations and employees know what to expect.

Process Overview

Key Stages

Stage	When	Who
Identification	As soon as possible	Both employers
Representative appointment	Early stage	Old employer + employees
Information	Long enough before transfer	Both employers
Consultation	Before final decisions	Old employer
ELI exchange	Min 28 days before (or ASAP)	Old to new employer
Transfer	Agreed date	Automatic
Post-transfer	After transfer	New employer

Typical Timeline

Minimum realistic timeline: 4-8 weeks

• Week 1-2: Confirm TUPE applies, identify transferring employees
• Week 2-3: Appoint/elect representatives
• Week 3-5: Information and consultation period
• Week 4: Exchange employee liability information
• Week 6-8: Transfer date

Complex transfers may take 3-6 months.

Stage 1: Identification

Confirm TUPE Applies

First determine:

• Is this a relevant transfer?
• Business transfer or service provision change?
• Does economic entity retain identity?

Identify Transferring Employees

Establish:

• Which employees are assigned to transferring undertaking
• Who spends most time on transferring work
• Who is managed by transferring part
• What their contracts say
• Degree of assignment

Common Issues

• Employees split between businesses
• Shared services staff
• Central functions
• Temporarily assigned staff
• Employees on leave

Stage 2: Employee Representatives

Must Appoint or Elect

Cannot proceed without representatives for:

• Information giving
• Consultation
• Communication channel

Options

Option	When Used
Recognized trade union	If union already recognized for group
Existing reps	If elected reps already exist
Elect new reps	If no union or existing reps
Individual consultation	Only if very small numbers

Election Process

If electing new representatives:

1. Announce election
2. Allow nominations
3. Hold fair ballot
4. All affected employees can vote
5. Results announced
6. Reps formally appointed

Timing: Allow 2-3 weeks for election

Number of Representatives

Proportionate to workforce:

• Small transfer: 1-2 reps
• Medium: 3-5 reps
• Large: More as appropriate

Stage 3: Information to Representatives

Old Employer's Duty

Must inform representatives about:

1. Fact of transfer - that it's happening
2. When - approximate timing
3. Reasons - why transfer occurring
4. Legal implications - effects for employees
5. Economic/social implications - practical effects
6. Measures - any changes envisaged

Or confirm no measures if none.

New Employer's Duty

Must inform old employer about:

• Any measures envisaged
• Changes to work location
• Reporting line changes
• Restructuring plans
• Any other changes affecting employees

Old employer then passes to representatives.

Timing

• Long enough before transfer
• To enable meaningful consultation
• No fixed minimum (unlike redundancy)
• Typically minimum 2-3 weeks
• Longer if complex or measures envisaged

Form

Information must be:

• In writing
• Clear and specific
• Sufficient for representatives to understand
• Updated if circumstances change

Stage 4: Consultation

Old Employer Must Consult

With representatives about:

• Implications of transfer
• Measures envisaged by either employer
• Any concerns raised
• Alternatives or mitigation

What is Consultation?

Genuine process:

• Two-way communication
• Consider representatives' views
• Respond to representations
• Seek to reach agreement
• Not just inform and ignore

Consultation Topics

Discuss:

Topic	Details
Transfer details	When, why, how
Employment implications	What changes for employees
Measures	Any actions planned
Concerns	Employee worries
Alternatives	Other options
Mitigation	Reducing negative effects

How Long?

• No fixed period
• Must be meaningful
• Allow time for views
• Reasonable in circumstances
• Typically 2-4 weeks minimum

Record Keeping

Document:

• What information given
• When consultation occurred
• What was discussed
• Representations made
• Responses provided
• Agreements reached

Stage 5: Employee Liability Information

What It Is

Written information about transferring employees:

• Personal details (name, age, date of birth)
• Terms from written statement
• Disciplinary/grievance in last 2 years
• Court or tribunal claims (actual or potential)
• Collective agreements that will apply

When

Deadline: At least 28 days before transfer

Or if not reasonably practicable, as soon as reasonably practicable after.

From Old to New Employer

• Old employer's obligation
• New employer receives it
• Allows new employer to assess liabilities
• Plan for transfer
• Understand workforce

Consequences of Failure

If old employer fails:

• New employer can claim compensation
• Minimum £500 per employee
• Joint and several liability

Stage 6: Transfer Date

What Happens

On transfer date:

• Employees automatically become employed by new employer
• Contracts novate (transfer)
• Old employer released from obligations
• New employer assumes all liabilities
• Continuous employment preserved

Practical Arrangements

On the day:

• Employees told who to report to
• Access arranged (buildings, systems)
• Handover of equipment
• Introduction to new managers
• Confirmation communications

Employment Status

From transfer date:

• Employed by new employer
• On same terms as before
• Old employer no longer employer
• But continuity preserved

Stage 7: Post-Transfer

First Days and Weeks

New employer should:

• Welcome transferred employees
• Integrate into business
• Confirm terms and conditions
• Provide induction
• Clarify reporting lines
• Address questions

Ongoing Obligations

New employer must:

• Honor all existing terms
• Pay wages on time
• Provide agreed benefits
• Respect contractual rights
• Maintain conditions

Changes

Cannot immediately change terms if connected to transfer:

• Must wait
• Need ETO reason or
• Genuine unconnected reason
• Proper process

Duties of Old Employer (Transferor)

Before Transfer

Must:

• Identify transferring employees
• Arrange for representatives
• Inform representatives
• Consult with representatives
• Provide employee liability information
• Cooperate with new employer
• Continue employment until transfer

Cannot

• Dismiss employees because of transfer
• Worsen terms before transfer
• Fail to inform and consult
• Withhold employee liability information

Duties of New Employer (Transferee)

Before Transfer

Must:

• Inform old employer of any measures
• Cooperate with information/consultation
• Prepare to take on employees
• Understand liabilities
• Plan integration

On and After Transfer

Must:

• Take on all assigned employees
• On their existing terms
• Honor all rights and entitlements
• Inherit all liabilities
• Cannot dismiss because of transfer

Common Process Failures

Insufficient Time

Rushing process:

• Inadequate consultation period
• Late employee liability information
• No time for meaningful dialogue
• Forced decisions

Poor Communication

Failing to:

• Clearly explain transfer
• Answer questions
• Provide full information
• Update as situation changes

Ignoring Consultation

• Going through motions
• Not considering views
• Pre-determined decisions
• No genuine engagement

Late Identification

Realizing TUPE applies too late:

• No time for proper process
• Representatives not appointed
• Inadequate consultation
• Legal breaches

Consequences of Process Failures

For Employers

Failing to follow process:

• Protective award claims (up to 13 weeks' pay each)
• Unfair dismissal claims
• Discrimination claims
• Employee liability information penalty (£500+ per employee)
• Reputational damage

Can't Avoid Transfer

Even if process fails:

• TUPE still applies
• Transfer still happens
• Employees still protected
• Plus compensation claims

Practical Tips

For Old Employer

• Start process early
• Get legal advice
• Identify employees carefully
• Allow time for consultation
• Provide ELI promptly
• Document everything

For New Employer

• Due diligence on liabilities
• Plan integration carefully
• Inform of measures early
• Prepare for day one
• Welcome new employees
• Honor commitments

For Employees

• Engage with consultation
• Ask questions
• Raise concerns
• Attend meetings
• Keep documentation
• Know your rights

Timeline Example

Simple TUPE transfer - 6 weeks:

• Week 1: Announce transfer, confirm TUPE applies, identify 20 transferring employees
• Week 2: Elect 2 employee representatives
• Week 3: Provide information to representatives, begin consultation
• Week 4: Continue consultation, provide employee liability information to new employer
• Week 5: Conclude consultation, finalize arrangements, answer questions
• Week 6: Transfer date - employees transfer automatically

Summary

Process Steps

1. Identify TUPE applies and who transfers
2. Appoint/elect employee representatives
3. Inform representatives (both employers)
4. Consult with representatives
5. Provide employee liability information
6. Transfer on agreed date
7. Honor terms post-transfer

Key Timings

• Employee liability information: minimum 28 days before
• Information and consultation: long enough for meaningful process
• Typical full process: 4-8 weeks minimum
• Complex transfers: longer

Who Does What

Old employer:

• Identifies employees
• Informs and consults
• Provides ELI
• Continues employment until transfer

New employer:

• Informs of measures
• Takes on employees and liabilities
• Honors terms

Both:

• Cooperate throughout
• Communicate clearly
• Follow legal process

Critical Points

• Start early
• Allow adequate time
• Genuine consultation
• Document everything
• Seek advice
• Communication throughout

The TUPE process must be followed carefully. Shortcuts or failures create legal liability without preventing the transfer. Proper process protects everyone and ensures smooth transition.